Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 133AC

When person taken into custody

    (1)     A member of the Police Force who takes a person into custody under section 133AB, or another member, must establish the person's identity by taking and recording the person's name and further information relevant to the person's identification, including photographs, fingerprints and other biometric identifiers.

    (2)     A member who takes a person into custody under section 133AB may:

        (a)     search the person or cause the person to be searched; and

        (b)     remove, or cause to be removed, from the person for safekeeping:

            (i)     any money or valuables; and

            (ii)     any item that is likely to cause harm to the person or another person; and

            (iii)     any item that could be used by the person or another person to cause harm to the person or another person.

    (3)     Any item removed from a person under subsection (2)(b):

        (a)     must be recorded in a register kept for that purpose; and

        (b)     must be returned to the person on the person being released from custody.

    (4)     Subsection (3)(b) does not apply if possession of the item by the person would be unlawful.

    (5)     The person must acknowledge receipt of any items returned under subsection (3)(b) by signing or making a mark in the register.

    (6)     For subsection (2)(a), a search of a female may only be carried out:

        (a)     by a female member of the Police Force; or

        (b)     if a female member of the Police Force is not available, a female authorised by a member to carry out the search.

    (7)     A member, or a person authorised under subsection (6)(b), may use the force that is reasonably necessary to exercise a power under this section.

    (8)     A person authorised under subsection (6)(b) to carry out a search of a female has, for that search, the same powers and protections as a member.



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