Commonwealth Numbered Acts

GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 17

17. After section 46 of the Principal Act the following section is inserted:
Searches of arrested persons

"46A. (1) An inspector may, upon lawfully taking a person into custody in
respect of an offence against this Act, search the person, the clothing the
person is wearing and any property under the immediate control of the person
if the inspector believes on reasonable grounds that it is necessary to do so:

   (a)  for the purpose of ascertaining whether there is concealed on the
        person, in the clothing of the person or in that property a weapon or
        other thing capable of being used to:

        (i)    inflict death or bodily injury; or

        (ii)   assist the person to escape from custody; or

   (b)  for the purpose of preventing the concealment, loss or destruction of
        evidence of, or relating to, the offence.

"(2) A search under this section of a person or the clothing that a person is
wearing shall be conducted by:

   (a)  an inspector of the same sex as the person; or

   (b)  in a case where an inspector of the same sex as the person is not
        available to conduct this search-any other person who is of the same
        sex and is requested by an inspector to conduct the search.

"(3) An inspector who conducts a search under this section shall not use more
force, or subject a person to greater indignity, than is reasonable and
necessary in order to conduct the search.

"(4) The inspector may seize:

   (a)  any weapon or other thing of a kind referred to in paragraph (1) (a)
        found in the course of the search; or

   (b)  any thing found in the course of the search that the inspector has
        reasonable grounds to believe is a thing:

        (i)    with respect to which an offence against this Act has been
               committed;

        (ii)   that will afford evidence of a commission of an offence against
               this Act; or

        (iii)  that was used, or intended to be used, for the purpose of
               committing an offence against this Act.

"(5) An inspector may retain a weapon or thing seized under subsection (4):

   (a)  if a prosecution for an offence against this Act in the commission of
        which the weapon or thing may have been used or otherwise involved is
        instituted within the period of 60 days after the seizure-until the
        prosecution is terminated; or

   (b)  in any other case-until the end of the period of 60 days after the
        seizure.

"(6) Nothing in this section shall be taken to affect the search of a person,
or the seizure of property, in accordance with another provision of this Act
or in accordance with any other law.".