NTIn ForceAct
Misuse of Drugs Act 1990
35ADetention for purpose of performing search of body cavities
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35A Detention for purpose of performing search of body cavities
etc.
(1) If a police officer has a reasonable suspicion that a person has
swallowed a dangerous drug, or may be concealing a dangerous
drug on or in his or her person, the officer may apply to a Supreme
Court Judge for an order under subsection (2).
(2) A Supreme Court Judge may order that a person be detained for
the purpose of enabling an intimate procedure specified in
paragraph (a), (b), (c) or (k) of the definition of intimate procedure
under the Police Administration Act 1978 to be performed under
section 145 of that Act for the purpose of locating the presence of
the drug, if the judge is satisfied that the police officer has
reasonable grounds for the suspicion referred in subsection (1).
(3) An application may be made under subsection (1) in relation to a
person although the person has not been charged with an offence
against this Act or any other Act.
(4) An order made under subsection (2) in relation to a person is taken
to be an approval under section 145(4) of the Police Administration
Act 1978 in relation to the person and subsections (7) to (14)
(inclusive) of that section apply accordingly.
(5) For the purposes of this section and section 145 of the Police
Administration Act 1978 in relation to an order under this section, a
reference in paragraph (k) of the definition of intimate procedure
in that Act to the taking of an X-ray is taken to include a reference
to taking an ultrasound, or an electromagnetic radiation or
radiography recording, scan or test.