Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CASINO CONTROL ACT 1988 (REPEALED) - SECT 108

Restrictions affecting search of persons

    (1)     If an inspector or police officer may search a person under this division, the inspector or police officer may also search—

        (a)     the clothing that is being worn by the person; and

        (b)     any property in, or apparently in, the person's immediate control.

    (2)     In conducting a search of a person under this division, an inspector or police officer shall not use more force, or subject a person to greater indignity, than is reasonable and necessary to conduct the search.

    (3)     A person shall not be searched under this division except by a person 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 Legislation Act, s 169A.

Note 2     For the meaning of intersex person , see Legislation Act, s 169B.

    (5)     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.

    (6)     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.

    (7)     Nothing in this division shall be taken to authorise a person to carry out a search by way of an examination of a body cavity of a person.



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