sec.129PLimits on directing removal of outer garment worn by detained person generally

### sec.129P Limits on directing removal of outer garment worn by detained person generally A transit officer may direct a person to remove an outer garment under this division only if the officer— considers on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and considers on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and specifies the outer garment to be removed; and if practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and tells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further. In this section— state of undress , for a person, means— the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or the person is wearing only underwear; or the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment. s 129P ins 2008 No. 67 s 223 (sec.129P-ssec.1) A transit officer may direct a person to remove an outer garment under this division only if the officer— considers on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and considers on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and specifies the outer garment to be removed; and if practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and tells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further. (sec.129P-ssec.2) In this section— state of undress , for a person, means— the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or the person is wearing only underwear; or the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment. - (a) considers on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and - (b) considers on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and - (c) specifies the outer garment to be removed; and - (d) if practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and - (e) tells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further. - (a) the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or - (b) the person is wearing only underwear; or - (c) the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.