Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34CC

  (1)   This section applies if:

  (a)   a questioning warrant is in force; and

  (b)   the subject of the warrant is apprehended under this Division in connection with the warrant.

Power to conduct search

  (2)   A police officer may conduct an ordinary search or a frisk search of the subject at any time during the period:

  (a)   beginning when the subject is apprehended; and

  (b)   ending when the subject appears before a prescribed authority for questioning under the warrant.

  (3)   An ordinary search or a frisk search of the subject must, if practicable, be conducted by a police officer of the same sex as the subject.

Records or other things found during search

  (4)   If:

  (a)   a record or other thing is found during a search of the subject of a questioning warrant under this section; and

  (b)   the record or other thing is:

  (i)   a seizable item; or

  (ii)   a communication device;

the record or other thing may be seized under this subsection by the police officer conducting the search.

  (5)   If:

  (a)   a record or other thing is found during a search of the subject of a questioning warrant under this section; and

  (b)   the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to:

  (i)   if the warrant is an adult questioning warrant--an adult questioning matter; or

  (ii)   if the warrant is a minor questioning warrant--a minor questioning matter; and

  (c)   the warrant authorises the seizure of such a record or other thing;

the record or other thing may be seized under this subsection by the officer.

  (6)   Despite subsection   (4), a seizable item or a communication device is taken to have been seized under subsection   (5) if:

  (a)   the item or device is found during a search of the subject of a questioning warrant under this section; and

  (b)   the item or device is seized by the police officer conducting the search; and

  (c)   the requirements of paragraphs   (5)(b) and (c) are met in relation to the item or device.