South Australian Current Acts

SHERIFF'S ACT 1978 - SECT 9F

9F—Conduct of search for restricted items

        (1)         A security officer may, subject to the conditions of the officer's appointment, exercise the following powers in relation to a person who is on or about to enter the premises of a participating body:

            (a)         the officer may require the person—

                  (i)         to submit to a search of the person for the presence of restricted items by means of a scanning device;

                  (ii)         to allow the person's possessions to be searched for the presence of restricted items by means of a scanning device or by a physical search;

                  (iii)         to do anything reasonably necessary for the purposes of a search under this paragraph;

            (b)         the officer may require the person to inform the officer whether or not the person is required by law to attend the premises;

            (c)         if the person is required by law to attend the premises, the officer may require the person—

                  (i)         to submit to a physical search of the person for the presence of restricted items;

                  (ii)         to do anything reasonably necessary for the purposes of the search;

            (d)         if there are reasonable grounds for suspecting that a restricted item is in the clothing or on the body of the person, the officer may require the person—

                  (i)         to produce the item for inspection;

                  (ii)         to submit to a physical search of the person for the presence of restricted items;

                  (iii)         to do anything reasonably necessary for the purposes of the search.

        (2)         The following provisions apply to a search of a person by means of a scanning device carried out under this section:

            (a)         the search must be conducted by use of an electronic or mechanical scanning device designed to be used without coming into contact with the body of the person the subject of the search;

            (b)         without limiting the requirements that may be made under subsection (1)(a)(iii), the person may be required—

                  (i)         to remove all items from the pockets of the person's clothing; or

                  (ii)         to adopt certain postures;

            (c)         the person cannot be required to remove clothing or to open his or her mouth and nothing may be introduced into an orifice of the person's body;

            (d)         the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person.

        (3)         The following provisions apply to a search of possessions by means of a scanning device, or by a physical search, carried out under this section:

            (a)         without limiting the requirements that may be made under subsection (1)(a)(iii), the person may be required—

                  (i)         to hand over bags or possessions to the officer; or

                  (ii)         to open bags or other possessions or to allow bags or other possessions to be opened;

            (b)         the search must be carried out expeditiously.

        (4)         The following provisions apply to a physical search of a person carried out under this section:

            (a)         without limiting the requirements that may be made under subsection (1)(c)(ii) or (d)(iii), the person may be required—

                  (i)         to remove all items from the pockets of the person's clothing; or

                  (ii)         to open his or her mouth; or

                  (iii)         to adopt certain postures; or

                  (iv)         to remove outer clothing including footwear and headwear; or

                  (v)         to submit to being frisked;

            (b)         the person cannot be required to remove inner clothing or underwear and nothing may be introduced into an orifice (including the mouth) of the person's body;

            (c)         except in circumstances where it is not practicable—

                  (i)         at least two persons (apart from the person being searched) must be present at all times during the search; and

                  (ii)         the search of the person must be carried out by an officer of the same sex as the person;

            (d)         the search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.

        (5)         If a person does not comply with a requirement made under subsection (1), a security officer may—

            (a)         in the case of a person who is required by law to attend the premises—

                  (i)         refuse the person entry to or remove the person from the premises or part of the premises, using only such force as is reasonably necessary for the purpose; or

                  (ii)         detain the person and apply reasonable force to secure compliance with the requirement or to remove an item required to be produced (but force cannot be applied to open the person's mouth, or to remove anything from the person's mouth, except by or under the supervision of a registered medical practitioner);

            (b)         in any other case—refuse the person entry to or remove the person from the premises or part of the premises, using only such force as is reasonably necessary for the purpose.

        (6)         Failure of a person to comply with a requirement made under subsection (1)(a) does not of itself constitute grounds for suspecting that there is a restricted item in the clothing or on the body of the person.

        (7)         If a person refuses to comply with a requirement made under subsection (1)(b), the person will be taken, for the purposes of this Part, to be required by law to attend the premises whether or not that is in fact the case.