Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A police officer may search a rail safety worker who is taken into custody under the following sections and may take possession of any prescribed item found in the worker's possession:
(a) section 14 (Detention for breath analysis);
(b) section 18 (Detention for oral fluid analysis);
(c) section 26 (Detention for blood test).
(2) For the search, the police officer may request the assistance of another police officer of the same sex as the rail safety worker being searched.
(3) A rail safety worker is entitled to the return of a prescribed item taken from the worker under this section when the worker ceases to be in custody, unless—
(a) possession of the item by the worker would be an offence against a law applying in the Territory; or
(b) a police officer believes on reasonable grounds that possession of the item by the worker could present a danger to a person.
(4) In this section:
"prescribed item" means anything that could—
(a) present a danger to a person; or
(b) be used to assist a person to escape from lawful custody.
"search" means a search of a rail safety worker or of anything in the worker's possession, and may include––
(a) requiring the worker to remove only the worker's overcoat, coat, jacket or a similar article of clothing and any footwear, gloves or headwear; and
(b) an examination of them.