Australian Capital Territory Numbered Acts

CRIMES (AMENDMENT) ACT 1997 (NO. 10 OF 1997) - SECT 6

6. Section 349ZL of the Principal Act is amended—

    (a)     by omitting subsection (2) and substituting the following subsection:

“(2) Where—

        (a)     a person is in lawful custody in a police station; and

        (b)     a police officer—

              (i)     of the rank of sergeant or higher; or

              (ii)     who is for the time being in charge of the police station;

suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any evidential material in relation to any offence or seizable items;

the police officer may cause a frisk search or an ordinary search of the person to be conducted.”;

    (b)     by omitting from subsection (3) “arrested for an offence”;

    (c)     by omitting from paragraph (3) (a) “that or another” and substituting “any”; and

    (d)     by adding at the end the following subsection:

“(4) Where a person is searched under this section, the police officer who conducts or causes the search to be conducted shall make a record of the reasons for the search and of the type of search.”.