Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.35C

Exercise of power to search an individual

             (1)  This regulation applies to a search under this Division of an individual, clothing of an individual or property under the immediate control of an individual.

             (2)  The purpose for which an individual, clothing of the individual or any property under the immediate control of the individual may be searched is to find out whether the individual is carrying a weapon, or a weapon is hidden on the individual, in the clothing or in the property.

             (3)  This regulation does not authorise an officer, or another individual conducting a search under subregulation (4), to remove any of the individual's clothing, or to require an individual to remove any of his or her clothing, except the individual's outer garments (including but not limited to the individual's overcoat, coat, jacket, gloves, shoes and head covering).

             (4)  A search of an individual, and the individual's clothing, must be conducted by:

                     (a)  an officer of the same sex as the individual; or

                     (b)  if an officer of the same sex as the individual is not available to conduct the search--any other individual who is of the same sex and:

                              (i)  is requested by an officer; and

                             (ii)  agrees;

                            to conduct the search.

             (5)  An officer or other individual who conducts a search to which this regulation applies must not use more force, or subject the individual to greater indignity, than is reasonably necessary to conduct the search.



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