Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 486

Search

    (1)     In this section "formal search" , in relation to a person, means a search to detect the presence of drugs, weapons or metal articles carried out by an electronic or mechanical device.

    (2)     The officer in charge of a remand centre, youth residential centre or youth justice centre may—

        (a)     cause a person detained in the centre to be formally searched—

              (i)     as soon as possible after the person is received into the centre or returns after temporary leave of absence;

              (ii)     at any time when he or she believes on reasonable grounds that the person may have in his or her possession—

    (A)     any firearm, offensive weapon or other article which is capable of being used as a weapon;

    (B)     any form of drug or alcoholic liquor or beverage;

    (C)     any other article or thing not allowed by the regulations made for the purposes of section 501(1)(b);

        (b)     if in his or her opinion it is necessary to do so in the interests of the security or good order of the centre, cause a person detained in the centre to submit to search and examination of the person and of any article or thing (including a letter) in the person's possession or under the person's control if there is reasonable cause to believe that the article or thing—

              (i)     is of a kind referred to in paragraph (a)(ii); or

              (ii)     jeopardises or is likely to jeopardise the security or good order of the centre or the safety of persons in it;

        (c)     if in his or her opinion it is necessary to do so in the interests of the safety and security of the person or any person in the centre or with whom the person may come into contact on leaving the centre, cause a person detained in the centre to submit to search and examination of the person and of any article or thing (including a letter) in the person's possession or under the person's control if there is reasonable cause to believe that the article or thing—

              (i)     is of a kind referred to in paragraph (a)(ii); or
s. 486

              (ii)     jeopardises or is likely to jeopardise the security or safety of the person or any person in the centre or with whom the person may come into contact on leaving the centre;

        (d)     cause any part of the centre to be searched and any article or thing (including a letter) found in it to be examined if there is reasonable cause to believe that the article or thing—

              (i)     is of a kind referred to in paragraph (a)(ii); or

              (ii)     jeopardises or is likely to jeopardise the security or good order of the centre or the safety of persons in it.

    (3)     The person carrying out a search under sub-section (2) may seize any article or thing (including a letter) found in the centre, whether in a person's possession or not, that he or she believes on reasonable grounds is of a kind referred to in sub-section (2)(a)(ii) or is likely to jeopardise the security or good order of the centre or the safety of persons in it or, in the case of a search under sub-section (2)(c) is likely to jeopardise the safety and security of the person subjected to the search or any person with whom that person may come into contact.

    (4)     Any article or thing seized under sub-section (3) must be dealt with in accordance with the regulations.

    (5)     If necessary, reasonable force may be used to carry out a search under sub-section (2).



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