South Australian Numbered Acts

PROTECTIVE SECURITY ACT 2007 (NO 25 OF 2007) - SECT 20

20—Power to search persons detained by protective security officers

        (1)         If a person is being detained by a protective security officer under this Part, the person and the person's possessions may, before being handed over into the custody of a police officer, be searched by a protective security officer in accordance with this section.

        (2)         The following provisions apply to a search under this section:

            (a)         the protective security officer carrying out the search may—

                  (i)         use reasonable force for the purpose; and

                  (ii)         be assisted by another person;

            (b)         in searching the person (as opposed to the person's possessions)—

                  (i)         all objects and substances may be removed from the person's pockets or clothing; and

                  (ii)         the person's outer clothing, including footwear and headwear, may be removed; and

                  (iii)         the person may be frisked; and

                  (iv)         except in circumstances where it is not practicable, at least 2 persons (apart from the person being searched) must be present at all times and the person carrying out the search must be of the same sex as the person being searched; and

                  (v)         nothing may be introduced into an orifice (including the mouth) of the person's body;

            (c)         any object or substance found as a result of the search may be removed from the person and detained and handed over into the custody of the police officer as soon as reasonably practicable.