Terrorism (Extraordinary Temporary Powers) Act 2006
41Search of person taken into custody under preventative
Start here
Get a plain-English read of 41
Turn the raw legal text into a practical explanation grounded in Terrorism (Extraordinary Temporary Powers) Act 2006.
41 Search of person taken into custody under preventative detention order (1) In this section: seizable item means anything that— (a) would present a danger to a person; or (b) could be used to assist a person to escape from lawful custody; or
(c) could be used to contact someone else to operate a device remotely. (2) A police officer may, when or soon after a person is taken into custody under a preventative detention order, conduct a frisk search or ordinary search of the person to find out whether the person is carrying a seizable item. (3) However, the police officer must not conduct a frisk search or ordinary search of the person for evidence of, or relating to, a terrorist act unless the officer suspects, on reasonable grounds, that the person is carrying evidence of, or relating to, a terrorist act. (4) The police officer may seize any seizable item found during the search. (5) Schedule 1 applies to a search conducted under this section.