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CUSTODIAL ESCORTS REGULATIONS 2002 (2002 NO 11)
2002
THE LEGISLATIVE
ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
CUSTODIAL ESCORTS
REGULATIONS 2002
Subordinate Law No SL
2002-11
EXPLANATORY
STATEMENT
The purpose of these regulations is to prescribe the guidelines under
which escort officers (custodial officers) can perform searches.
1. Name of Regulations
This clause states the name of the
regulations as Custodial Escorts Regulations 2002.
2. Commencement
This clause stipulates that the regulations
commence on their notification day.
3. Dictionary
This
clause defines the dictionary as part of the regulations.
4. Who
may conduct searches
This clause specifies that searches can only be
conducted by an escort who is a custodial officer.
5. Power to
conduct searches
This clause specifies that an escort must conduct a
search of a person in the escort’s custody and that any seizable item
found in the course of conducting the search, must be seized by the escort.
6. Rules for conduct of searches
The purpose of this
clause is to provide an unequivocal set of guidelines that constitute the
parameters under which a search may be conducted. References made in relation
to the conduct of searches on a child or young person are made with reference to
the Children and Young People Act 1999.
7. Safekeeping of
things seized
The purpose of this clause is to provide guidelines for the
keeping of seized items. It prescribes the process of dealing with the seizure
of prohibit items or prohibited weapons and the destruction of perishable,
contaminated or items considered to pose a risk to the health or safety of a
person.
8. Record
This clause sets out the requirements for the
recording of seized items. The information relevant to the recording of seized
items are the date, time and place of search and a description of the item. It
also prescribes the requirement to document the manner, date and reason for the
destruction of a seized item(s). If the item is given to the police, details
for the reason of providing the item to the police are also be
recorded.
9. Approved Forms
This clause details that
the administrator may approve forms under this regulation. Any approved form
under this regulation is a notifiable instrument and must be notified under the
Legislation Act 2001.