264Powers of search and seizure

264 Powers of search and seizure (1) This section applies to a person (an authorised person) who is authorised to apprehend, remove, detain or take a person to a place under any of the following provisions: (a) section 44 (Executing removal order); (b) section 65 (Powers in relation to psychiatric treatment order); (c) section 73 (Powers in relation to community care order); (d) section 77 (Contravention of mental health order); (e) section 78 (Contravention of mental health order—absconding from facility); (f) section 80 (Apprehension); (g) section 85 (Authorisation of involuntary detention); (h) section 107 (Powers in relation to forensic psychiatric treatment (i) section 114 (Powers in relation to forensic community care (j) section 120 (Revocation of leave granted by ACAT); (k) section 123 (Revocation of leave granted by relevant official); (l) section 124 (Contravention of forensic mental health order); (m) section 125 (Contravention of forensic mental health order— absconding from facility); (n) section 144 (Revocation of leave for correctional patients); (o) section 144D (Power to apprehend if person escapes from secure mental health facility);

(p) section 247 (Apprehension of interstate patient in breach of interstate involuntary treatment order); (q) section 248 (Apprehension of person in breach of mental health order or forensic mental health order); (r) section 249 (Interstate transfer—person under psychiatric treatment order or community care order); (s) section 250 (Interstate transfer—person under forensic psychiatric treatment order or forensic community care order); (t) section 251 (Transfer to interstate mental health facility— emergency detention); (u) section 255 (Transfer of person apprehended in another State to approved mental health facility). (2) The authorised person— (a) may carry out a scanning search, frisk search or ordinary search of the person if there are reasonable grounds for believing that the person is carrying anything— (i) that would present a danger to the authorised person or another person; or (ii) that could be used to assist the person to escape the authorised person’s custody; and (b) may seize and detain a thing found in a search conducted under paragraph (a). (3) The authorised person must make a written record of anything seized under this section.

(4) A thing seized under this section must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, unless— (a) a prosecution for an offence against a territory law in connection with the thing is begun within 1 year after the day the seizure is made and the thing is required to be produced in evidence in the prosecution; or (b) an application for the forfeiture of the thing is made to a court under the Confiscation of Criminal Assets Act 2003 or another territory law within 1 year after the day the seizure is made; or (c) all proceedings in relation to the offence with which the seizure was connected have ended and the court has not made an order about the thing. (5) However, subsection (4) does not apply to a thing if the authorised person believes on reasonable grounds that— (a) the only practical use of the thing in relation to the premises where it was seized would be an offence against this Act; or (b) possession of the thing would be an offence; or (c) possession of the thing would present a serious risk or threat to a person. frisk search means— (a) a search of a person conducted by quickly running the hands over the person’s outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.