Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 95A

  (1)   Where:

  (a)   a person (in this section referred to as the accused person ) is in custody on a charge in a custodial facility; and

  (b)   an authorized person in relation to the custodial facility believes that it is necessary to do so for the purpose of ascertaining whether there is concealed on the accused person or in the accused person's clothing:

  (i)   a weapon or other thing capable of being used to:

  (A)   inflict death or bodily injury; or

  (B)   assist him or her to escape from custody; or

  (ii)   any thing that is likely to affect the security or discipline of the custodial facility;

the authorized person may direct an authorized member in relation to the custodial facility to search the accused person and the clothing that the accused person is wearing.

  (2)   The search shall be conducted in accordance with the following provisions:

  (a)   the search shall be conducted in the presence of at least 2 other persons who are authorized persons, or authorized members, in relation to the custodial facility;

  (b)   the search shall not be conducted in the presence of a person who is not an authorized person, or an authorized member, in relation to the custodial facility;

  (c)   the accused person shall not be searched by, or in presence of, a person who is not of the same sex as the accused person.

  (3)   The authorized member directed to conduct the search may:

  (a)   require the accused person to remove any clothing that the accused person is wearing;

  (b)   if the accused person refuses or fails to comply with such a requirement--remove the clothing;

  (c)   use such reasonable force as is necessary to conduct the search; and

  (d)   seize any weapon or thing of a kind referred to in paragraph   (1)(b) found as in the course of the search.

  (4)   In this section:

"authorized member" , in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized member or authorized members, as the case may be, in relation to the custodial facility.

"authorized person" , in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized person or authorized persons, as the case may be, in relation to the custodial facility.

"custodial facility" means a place or facility:

  (a)   under the control of the Defence Force; and

  (b)   at or in which a person in custody on a charge is detained.