(1) If a police officer is authorised under this division to search the clothing that a person is wearing, the police officer may remove, or require the person to remove, any clothing that the person is wearing.
(2) A person shall not be searched under this division except by a police officer of the same sex.
(3) 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 Legislation Act
, s 169A.
Note 2 For the meaning of intersex person , see Legislation Act
, s 169B.
(4) If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this section, to be male.
(5) If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this section, to be female.
(6) Nothing in this division authorises a police officer to conduct an internal body search.