Western Australian Current Acts Western Australian Current Acts (1) Where a person
—
(a)
appears to a security officer to have an uncut diamond on his person, or in
his possession or under his control within a designated area without lawful
authority or excuse; or
(b) is
reasonably suspected by a security officer of stealing or concealing an uncut
diamond within a designated area; or
(c) is
found within a designated area without having received permission to enter
that designated area under and for the purposes of section 17(3),
a security officer
may, using only such force as is reasonably necessary, detain that person at a
place within the designated area set aside for that purpose in accordance with
the regulations, until the arrival of a police officer.
(2) Without limiting
the generality of subsection (1)(b), where a person who has, at any time
before entering a designated area agreed in writing that he will, while within
or leaving the designated area, allow a search of himself (other than a search
by way of an examination of his body cavities), or a search of any vehicle he
is driving or any other property in his possession or under his control, to be
carried out by a security officer whenever requested to do so by a security
officer fails, when such a request is made, to allow such a search to be
carried out, a security officer shall be deemed to have reasonable grounds for
suspecting the person of stealing or concealing an uncut diamond.
(3) On detaining a
person pursuant to subsection (1) a security officer shall forthwith report
the detention to the nearest police officer or, if the whereabouts of the
nearest police officer is not known, the nearest police station.
(4) Subject to
subsections (5) and (7) a police officer may search any person who is detained
pursuant to this section and any clothing worn by such a person.
(5) Subject to
subsection (6) a search under subsection (4) shall be carried out by a police
officer of the same sex as the person to be searched.
(6) Where it is not
immediately practicable for subsection (5) to be complied with in relation to
a search under subsection (4) a police officer may, subject to subsection (7),
cause the search to be carried out, under the direction of a police officer,
by a security officer of the same sex as the person who is to be searched or
may —
(a)
detain the person until; or
(b)
convey or conduct the person to a place where,
it is practicable for
subsection (5) to be complied with.
(7) Subsections (4)
and (6) do not authorise a police officer, or a security officer acting under
the direction of a police officer, to carry out a search by way of an
examination of the body cavities of a person but a police officer may arrange
for a medical practitioner nominated by the police officer to examine the body
cavities of the person and may —
(a)
detain the person until the arrival of that medical practitioner; or
(b)
convey or conduct the person to that medical practitioner.
(8) Subject to
subsection (9) an examination arranged under subsection (7) shall be carried
out in the presence of a police officer of the same sex as the person to be
examined.
(9) Where it is not
immediately practicable for subsection (8) to be complied with in relation to
an examination arranged under subsection (7) a police officer may cause the
examination to be carried out in the presence of a security officer of the
same sex as the person to be examined or may —
(a)
detain the person until; or
(b)
convey or conduct the person to a place where,
it is practicable for
subsection (8) to be complied with.
(10) A medical
practitioner is hereby authorised to carry out an examination of the body
cavities of a person arranged by a police officer under subsection (7) and no
action shall lie against the medical practitioner in respect of anything
reasonably done by him for the purposes of the examination.
(11) A police officer
may use such force as is reasonably necessary, and may call on such assistance
as he considers necessary, in order to —
(a)
detain a person under this section; or
(b)
carry out a search under this section; or
(c)
facilitate the carrying out of a search caused by him or an examination
arranged by him under this section.
(12) A person who
—
(a)
resists detention under this section; or
(b)
escapes or attempts to escape —
(i)
from a place at which he is being detained under this
section; or
(ii)
from a police officer who is conveying or conducting him
under subsection (6)(b), (7)(b) or (9)(b);
or
(c)
obstructs or hinders a police officer or a security officer in the carrying
out of a search of that person, or clothing worn by that person, under
subsection (4) or (6); or
(d)
obstructs or hinders a medical practitioner in the carrying out of any
examination of that person under subsection (7),
commits an offence and
is liable to a fine not exceeding $10 000 or to imprisonment for a term not
exceeding 2 years.