Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 211

Search warrants—restrictions on personal searches

    (1)     A search warrant cannot authorise a strip search or a search of a person's body cavities.

    (2)     If a search warrant authorises an ordinary search or frisk search of a person—

        (a)     a different search from the search authorised must not be done under the warrant; and

        (b)     the search must be conducted by a person of the same sex as the person being searched.

    (3)     A person assisting who is not a police officer must not take part in searching a person.

    (4)     In this section:

"same sex", for a transgender person, means the same sex as the sex with which the transgender person identifies.

"strip search "means a search of a person or of articles in the possession of a person, which may include all or any of the following:

        (a)     requiring the person to remove all of his or her clothing;

        (b)     an examination of the person's body (but not of the person's body cavities) and of those clothes.

"transgender person"—see the Crimes (Forensic Procedures) Act 2000 , section 17.



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