South Australian Current Acts South Australian Current Acts82—Power of fisheries officer to search persons for evidence of certain
offences
(1) If a
fisheries officer reasonably suspects that a person has on or about his or her
body evidence of a prescribed offence, the fisheries officer may search the
person.
(2) In searching a
person under this section, a fisheries officer—
(a) may
run his or her hands over the person's outer clothing; and
(b) may
require the person to remove a coat, jacket, hat or shoes the person is
wearing, and may run his or her hands over the person's remaining outer
clothing; and
(c) if
the fisheries officer sees or detects any thing that he or she reasonably
suspects is, or contains, evidence of a prescribed offence, may require the
person to surrender that item for inspection; and
(d) may
use reasonable force to remove an item from a person if the person does not
comply with a requirement to remove or surrender the item under
paragraph (b) or (c); and
(e) may
inspect an item that a person has removed or surrendered, or that has been
removed from a person; and
(f) must
conduct the search in a manner that affords, to the extent that the
circumstances of the search permit, reasonable privacy to the person being
searched; and
(g) must
conduct the search as quickly as is reasonably practicable in the
circumstances of the search.
(3) A search must be
conducted by a person of the same sex as the person being searched unless it
is not reasonable or practicable to do so in the circumstances of the search.
(4) A
fisheries officer who conducts a search under this section must, as soon as
possible after completing the search, make a written record of the search
setting out—
(a) the
grounds on which the search was conducted; and
(b) the
time and place of the search; and
(c) the
name of the person who conducted the search; and
(d) the
name of the person who was searched; and
(e) the
results of the search.
(5) In this
section—
"prescribed offence" means an offence against section 52, 72, 74, 78 or
119.