Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 189

Clothing and body searches

    (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.



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