Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984 - SECT 42A

             (1)  A search under paragraph 42(1)(aa) of a person (the subject ) may only be conducted by an officer of the same sex as the subject.

             (2)  However, if an officer of the same sex as the subject is not available to conduct the search, it may be conducted by another person who:

                     (a)  is of the same sex as the subject; and

                     (b)  agrees, at the request of an officer, to conduct the search.

             (3)  Paragraph 42(1)(aa) and this section do not authorise the officer or other person:

                     (a)  to remove any of the subject's clothing; or

                     (b)  to require the subject to remove any of his or her clothing; or

                     (c)  to use more force, or subject the subject to greater indignity, than is reasonably necessary to conduct the search.

             (4)  If, in conducting a search, an officer finds a weapon, or a thing mentioned in subparagraph 42(1)(aa)(iv) or (v), an officer may:

                     (a)  take possession of the weapon or thing; and

                     (b)  keep the weapon or thing for such time as he or she thinks necessary for the purposes of this Act.

             (5)  If, in conducting a search, the other person finds a weapon or thing mentioned in subsection (4):

                     (a)  he or she must take possession of it and give it to an officer; and

                     (b)  an officer may keep it for such time as he or she thinks necessary for the purposes of this Act.

             (6)  If:

                     (a)  under subsection (4) or (5) an officer is keeping a weapon, or a thing mentioned in subparagraph 42(1)(aa)(iv), found in a search of the subject; and

                     (b)  the subject is detained under Schedule 2;

the officer may continue to keep the weapon or thing for such time as he or she thinks necessary for the purposes of this Act or the Migration Act 1958 .

Note:          Once the subject ceases to be detained under this Act, the subject will generally need to be detained under the Migration Act 1958 while he or she is in the migration zone (because his or her enforcement visa under that Act will cease to have effect). Subsection (6) ensures the officer can keep the weapon or thing while the subject is detained under this Act or that Act.