25BSearches to which this Division applies

25B Searches to which this Division applies

[Section 25B of Part 3 Inserted by No. 14 of 2022, s. 6, Applied:01 Dec 2022]

(1)  This Division applies only to a clothed search, or an unclothed search, of a youth who is in custody, that is conducted in a custodial facility.

(2)  This Division does not apply to a search under the Terrorism (Preventative Detention) Act 2005 .

(3)  This Division does not apply to, or in relation to, a body cavity search.

(4)  Nothing in this Division, including subsection (5) , is to be taken to authorise the carrying out of a body cavity search by a person.

(5)  In the event of an inconsistency between the application of a provision of this Division and the application, to a search, of a provision of –

(a) another Act; or

(b) an instrument made under an Act –

the provision of this Division applies to the extent of the inconsistency.