Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 35A

Detention for purpose of performing search of body cavities etc.

    (1)     If a police officer has a reasonable suspicion that a person has swallowed a dangerous drug, or may be concealing a dangerous drug on or in his or her person, the officer may apply to a Supreme Court Judge for an order under subsection (2).

    (2)     A Supreme Court Judge may order that a person be detained for the purpose of enabling an intimate procedure specified in paragraph (a), (b), (c) or (k) of the definition of intimate procedure under the Police Administration Act 1978 to be performed under section 145 of that Act for the purpose of locating the presence of the drug, if the judge is satisfied that the police officer has reasonable grounds for the suspicion referred in subsection (1).

    (3)     An application may be made under subsection (1) in relation to a person although the person has not been charged with an offence against this Act or any other Act.

    (4)     An order made under subsection (2) in relation to a person is taken to be an approval under section 145(4) of the Police Administration Act 1978 in relation to the person and subsections (7) to (14) (inclusive) of that section apply accordingly.

    (5)     For the purposes of this section and section 145 of the Police Administration Act 1978 in relation to an order under this section, a reference in paragraph (k) of the definition of intimate procedure in that Act to the taking of an X-ray is taken to include a reference to taking an ultrasound, or an electromagnetic radiation or radiography recording, scan or test.



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