Australian Capital Territory Numbered Acts

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INTOXICATED PERSONS (CARE AND PROTECTION) (NO. 85 OF 1994) - SECT 5

Search of persons in custody

5. (1) A member of the police force may search a person who is taken into custody under subsection 4 (1) and may take possession of any personal belongings found in his or her possession.

(2) A person is entitled to the return of any personal belongings taken from him or her under subsection (1) when he or she ceases to be detained under section 4.

(3) In subsection (1)—

“search” means a search of a person or of articles in the possession of a person that may include—

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

        (b)     an examination of those items.



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