Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 107

Definitions—searches

In this Act:

"body search", of a detainee, means a search of the detainee's body, including an examination of any orifice or cavity of the detainee's body.

"frisk search" means—

        (a)     a search of a person conducted by quickly running the hands over the person's outer garments; and

        (b)     an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

"ordinary search "means a search of a person, or of articles in a person's possession, that may include—

        (a)     requiring the person to remove the person's overcoat, coat or jacket and any gloves, shoes or hat; and

        (b)     an examination of those items.

"scanning search "means a search of a person by electronic or other means that does not require the person to remove the person's clothing or to be touched by someone else.

Examples of scanning searches

1     passing a portable electronic or other device over a person

2     requiring a person to pass by or through an electronic or other device

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"strip search", of a detainee, means a search of the detainee, or of articles in the detainee's possession, that may include—

        (a)     requiring the detainee to remove all of the detainee's clothing; and

        (b)     an examination of the detainee's body (but not the detainee's body orifices or cavities) and of that clothing.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback