30Power to conduct personal searches

### 30 Power to conduct personal searches > > (1)  In this section – > > > > > ***body cavity*** means rectum or vagina; > > > > > ***strip search*** means a search, other than a body cavity search ordered by a magistrate under this section, in which the person searched is required to remove most or all of his or her clothes. > > > (2)  [*\[Section 30 Subsection (2) amended by No. 77 of 2005, s. 9, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS9@EN) Where a police officer detains a person for the purpose of search under [section 29](#GS29@EN) or [33](#GS33@EN) , the following provisions apply: > > > > > > (a) if the person is female and it is proposed to conduct a strip search, a female police officer is to conduct it; > > > > > > > (b) if the person is male and it is proposed to conduct a strip search, a male police officer is to conduct it; > > > > > > > (c) if the search involves the application of force to the person, the police officer must give the Commissioner of Police a written report about the search within 7 days, including particulars of the circumstances that gave rise to the application of force; > > > > > > > (d) if the police officer reasonably suspects that a controlled substance may be present in one or more of the person's body cavities and wishes to determine whether or not that is the case, the police officer must cause the person to be brought before a magistrate; > > > > > > > (e) the magistrate before whom the person is brought may make an order that the person's body cavity or cavities specified in the order may be searched by a medical practitioner. > > > (3)  The magistrate's order, if made, is sufficient authority for a medical practitioner to search the person's body cavity or cavities specified in the order. > > > (4)  Notwithstanding [subsection (3)](#GS30@Gs3@EN)  – > > > > > > (a) the person is first to be told that he or she may ask for the search to be conducted by a medical practitioner of the same sex as that person; and > > > > > > > (b) if the person does so ask, the search is not to be conducted except by a medical practitioner of that sex unless it is not reasonably practicable in the circumstances for such a medical practitioner to be present. > > > (5)  The magistrate's order also authorises – > > > > > > (a) a medical practitioner who is to conduct the search to ask another person to help with the search; and > > > > > > > (b) the other person to give that help. > > > (6)  Unless it is not reasonably practicable in the circumstances, the person asked to help is to be of the same sex as the person to be searched. > > > (7)  If the person subject to the magistrate's order refuses or fails to submit to the search, the medical practitioner and the helper, if any, may use reasonable force to enable the search to be conducted.