CRIMES ACT 1914 SECT 3ZH

(1)

If a person who has been arrested for an offence is brought to a police station, a constable may:

(a)

if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or

(b)

subject to this section, conduct a strip search of the person.

(2)

A strip search may be conducted if:

(a)

a constable suspects on reasonable grounds that the person has in his or her possession:

(i)

a seizable item; or

(ii)

evidential material (other than forensic material as defined in Part 1D) in relation to that or another offence; and

(b)

the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and

(c)

a constable of the rank of superintendent or higher has approved the conduct of the search.

(2A)

If:

(a)

in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested; and

(b)

Part 1D provides for the carrying out of such a forensic procedure;

the forensic procedure must not be carried out except in accordance with Part 1D.

(3)

Subject to section 3ZI, a strip search may also be conducted if the person consents in writing.

(3A)

Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part 1D. Such a search must not be conducted except in accordance with Part 1D.

(4)

Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

(5)

The approval may be obtained by telephone, telex, facsimile or other electronic means.

(6)

A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.

(7)

Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

(8)

Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.