Mental Health Act 2016
sec.401Requirements for search of possessions
Start here
Get a plain-English read of sec.401
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.401 Requirements for search of possessions
A person authorised under division 3 , 4 or 5 to carry out a search of a person’s possessions (the searcher ) may— open or inspect a thing in the person’s possession; and remove and inspect any detected thing. However, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present. Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers. (sec.401-ssec.1) A person authorised under division 3 , 4 or 5 to carry out a search of a person’s possessions (the searcher ) may— open or inspect a thing in the person’s possession; and remove and inspect any detected thing. (sec.401-ssec.2) However, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present. (sec.401-ssec.3) Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.
- (a) open or inspect a thing in the person’s possession; and
- (b) remove and inspect any detected thing.