75Search

75 Search

(1) Subject to subsection (2), a police officer may pat‑down search a child in respect of whom the transport power is being exercised if the police officer believes on reasonable grounds that the child is carrying any thing—

(a) that presents a danger to the health and safety of the child or another person; or

(b) could be used by the child to avoid transportation.

(2) Before a pat-down search of a child under subsection (1) is conducted, a police officer must—

(a) inform the child—

(i) of the police officer's authority to conduct the pat-down search and the reasons for conducting the search; and

(ii) that the police officer intends to pat‑down search the child; and

(b) if it is safe to do so, ask the child to produce to the police officer any thing—

(i) that presents a danger to the health and safety of the child or another person; or

(ii) could be used by the child to avoid transportation.

(3) A child may be searched under subsection (1) even if the child produces to a police officer a thing after being asked under subsection (2)(b).

(4) If it is reasonably practicable in the circumstances, a search under this section must be conducted by—

(a) a police officer of the sex or gender identity nominated by the child; or

(b) if the child does not nominate a sex or gender identity, a police officer of the same sex or gender identity as the child.