Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a police officer may search a person under section 119, the police officer may also search—
(a) the clothing worn by the person; and
(b) any property under, or apparently under, the person's immediate control.
(2) In searching a person under section 119, a police officer must not use more force than is necessary and reasonable.
(3) A person searched under section 119 must be searched by a police officer of the same sex.
(4) However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female.
Note 1 For the meaning of transgender person , see the Legislation Act
, s 169A.
Note 2 For the meaning of intersex person , see the Legislation Act
, s 169B.
(5) If the transgender or intersex person requires the search to be conducted by a male, the person is taken, for this section, to be male.
(6) If the transgender or intersex person requires the search to be conducted by a female, the person is taken, for this section, to be female.
(7) Section 119 does not authorise a police officer to carry out a search by way of an examination of a body cavity of a person.