Div 4Duties and powers of police security officers

Division 4—Duties and powers of police security officers 63L—Interpretation (1) For the purposes of this Division— (a) a reference to a police security officer includes a reference to a police officer; and (b) a reference to a person's possessions includes a reference to anything that is, or has been, in the possession of the person, and any vehicle that is being, or has been, driven by the person or is, or has been, apparently in the person's charge; and (c) a power to remove or detain a person or hand a person over into the custody of a police officer extends to the person's possessions. (2) For the purposes of this Division, if a police security officer observes (whether directly or by means of a surveillance device), or receives a report of, a person apparently abandoning in, or within the precincts or vicinity of, a protected place, protected person or protected vehicle a dangerous object or substance, or anything that appears to be or might contain a dangerous object or substance, the police security officer will be taken to have reasonable grounds to suspect that the person has committed, is committing or is about to commit an offence. (3) This Division does not limit or derogate from the powers of a police officer under any other Act or law. (4) Subsection (2) does not limit the circumstances in which a police security officer will have reasonable grounds for a suspicion referred to in that subsection. 63M—Duties of police security officers (1) A police security officer has such duties as may be imposed by the Commissioner on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally. (2) A police security officer is, if so ordered by the Commissioner or by another person with requisite authority, liable to perform duties in any place within or outside the State. (3) A police security officer, while performing duties outside the State, is required to obey orders and is liable for breaches of the Code in the same way as if the officer were performing duties within the State. 63N—Powers of police security officers A police security officer has the following powers: (a) the powers conferred under this Division; (b) the powers conferred under the regulations on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally; (c) such other powers as may be conferred under any other Act or law on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally. 63O—Limitations on duties and powers (1) The Commissioner— (a) may impose a limitation on the duties or powers of a police security officer by— (i) the instrument of appointment of the officer; or (ii) notice in writing to the officer; and (b) may vary or revoke such a limitation by notice in writing to the officer. (2) A limitation under this section may entirely exclude the exercise by a police security officer of powers under this Act. (3) Limitations imposed under this section may vary from 1 police security officer to another. 63P—Powers relating to security of protected person (1) A police security officer may give a person within the vicinity of a protected person reasonable directions for the purposes of maintaining or restoring the security of the protected person. (2) If— (a) a person refuses or fails to comply with a direction given by a police security officer under subsection (1); or (b) a police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence within the vicinity of a protected person, (c) direct the person to provide— (ii) evidence of the person's identity; (d) cause the person to be removed to some place away from the protected person; (e) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (3) Reasonable force may be used for the purpose of taking action under subsection (2)(d) or (e). 63Q—Powers relating to security of protected place (1) A police security officer may give a person in or within the precincts of a protected place reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the place or securing the safety of any person arriving at, in, or departing from, the place. (2) Without limiting subsection (1), a police security officer may, for purposes referred to in that subsection, direct a person in or about to enter a protected place— (a) to provide— (ii) evidence of the person's identity; and (iii) the reason for the person's being in or about to enter the place; and (b) — (i) if there are reasonable grounds for suspecting that a dangerous object or substance is in the possession of the person— (A) to produce the object or substance for inspection; and (B) to submit to a physical search of the person and the person's possessions for the presence of any dangerous object or substance; and (C) to do anything reasonably necessary for the purposes of the search under this subsection; or (ii) in any other case— (A) to submit to a search of the person and the person's possessions for the presence of any dangerous object or substance by means of a scanning device; and (B) to allow the person's possessions to be searched for the presence of any dangerous object or substance by a physical search; and (C) to do anything reasonably necessary for the purposes of a search under this subsection. (3) The following provisions apply to a search of a person by means of a scanning device carried out under subsection (2): (a) the search must be conducted by use of an electronic or mechanical scanning device designed to be used without coming into contact with the body of the person the subject of the search; (b) without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed— (i) to remove all objects and substances from the person's pockets or clothing; or (ii) to remove a belt, footwear, headwear, jewellery or other similar item that might trigger the warning signal of the scanning device; or (iii) to adopt certain postures; (c) the person cannot be directed to remove other clothing or to open their mouth and nothing may be introduced into an orifice of the person's body; (d) the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person. (4) The following provisions apply to a search of possessions by means of a scanning device, or by a physical search, carried out under subsection (2): (a) without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed— (i) to hand over the person's possessions or control of them to the police security officer; or (ii) to open them or any part of them or to allow them or any part of them to be opened; (b) the search must be carried out expeditiously. (5) The following provisions apply to a physical search of a person carried out under subsection (2): (a) without limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed— (i) to remove all objects and substances from the person's pockets or clothing; or (ii) to open their mouth; or (iii) to adopt certain postures; or (iv) to remove outer clothing including footwear and headwear; or (v) to submit to being frisked; (b) except in circumstances where it is not practicable, at least 2 persons (apart from the person being searched) must be present at all times and the police security officer carrying out the search must be of the same sex as the person being searched; (c) the person cannot be directed to remove inner clothing or underwear and nothing may be introduced into an orifice (including the mouth) of the person's body; (d) the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person. (6) If— (a) a person refuses or fails to comply with a direction given by a police security officer under this section; or (b) a police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence in or within the precincts of a protected place, (c) refuse the person entry to the protected place; (d) cause the person to be removed from the protected place; (e) direct the person not to return to the protected place within a specified period (which may not be longer than 24 hours after being given such a direction); (f) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (7) Subsection (6) does not limit the circumstances in which a police security officer may refuse entry to a protected place. (8) Reasonable force may be used for the purpose of taking action under subsection (6). (9) Refusal or failure of a person to comply with a direction given under subsection (2)(b)(ii) does not of itself constitute grounds for suspecting that there is a dangerous object or substance in the possession of the person. 63R—Dealing with dangerous objects and substances etc (1) If a police security officer finds in the possession of a person in or about to enter a protected place— (a) a dangerous object or substance; or (b) an object or substance that the officer believes on reasonable grounds to be a dangerous object or substance; or (c) an object or substance that the officer believes on reasonable grounds to be in the unlawful possession of the person, (d) refuse the person entry to, or remove the person from, the protected place; (e) direct the person to surrender the object or substance; (f) if the person is in possession of an object or substance referred to in paragraph (c), or fails or refuses to comply with a direction under paragraph (e)—cause the person and the object or substance to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (2) Reasonable force may be used for the purpose of taking action under subsection (1). 63S—Powers relating to security of protected vehicle (1) A police security officer may give a person within the vicinity of a protected vehicle reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the vehicle or securing the safety of any person about to enter, in, or getting out of, the vehicle. (2) If— (a) a person refuses or fails to comply with a direction given by a police security officer under subsection (1); or (b) a police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence in or within the vicinity of a protected vehicle, (c) direct the person to provide— (ii) evidence of the person's identity; (d) cause the person to be removed to some place away from the protected vehicle; (e) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (3) Reasonable force may be used for the purpose of taking action under subsection (2)(d) or (e). 63T—Power to search persons detained by police security officers (1) If a person is being detained by a police security officer under this Part, the person and the person's possessions may, before being handed over into the custody of a police officer, be searched by a police security officer in accordance with this section. (2) The following provisions apply to a search under this section: (a) the police security officer carrying out the search may— (i) use reasonable force for the purpose; and (ii) be assisted by another person; (b) in searching the person (as opposed to the person's possessions)— (i) all objects and substances may be removed from the person's pockets or clothing; and (ii) the person's outer clothing, including footwear and headwear, may be removed; and (iii) the person may be frisked; and (iv) except in circumstances where it is not practicable, at least 2 persons (apart from the person being searched) must be present at all times and the person carrying out the search must be of the same sex as the person being searched; and (v) nothing may be introduced into an orifice (including the mouth) of the person's body; (c) any object or substance found as a result of the search may be removed from the person and detained and handed over into the custody of the police officer as soon as reasonably practicable. 63U—Withdrawal of directions Nothing prevents a police security officer from withdrawing a direction given to a person under this Act (whether by that police security officer or some other police security officer). 63V—Offences (1) A person who refuses or fails to comply with a direction of a police security officer given under this Act is guilty of an offence. (2) A person who hinders, obstructs or resists a police security officer in the performance or exercise of powers conferred by this or any other Act is guilty of an offence. (3) A person who, in response to a direction under this Act, provides false information or false evidence of identity to a police security officer is guilty of an offence. (4) If a person commits an offence under subsection (2) or (3), a police security officer may cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (5) Reasonable force may be used for the purpose of taking action under subsection (4).