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Contents (2002 - 115)
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Terrorism (Police Powers) Act 2002 No 115
Current version for 28 November 2018 to date (accessed 5 April 2020 at 07:40)
Part 2A Division 3 Section 26V
26V   Power to search persons for seizable items
(1)  In this section:
seizable item means anything that:
(a)  would present a danger to a person, or
(b)  could be used to assist a person to escape from lawful custody, or
(c)  could be used to contact another person or to operate a device remotely, or
(d)  is evidence of, or relates to, a terrorist act.
(2)  A police officer may, at or soon after the time when a person is taken into custody under a preventative detention order, search the person and anything in the possession of the person in order to ascertain whether the person is carrying any seizable items.
(3)  A police officer is not authorised to search for evidence of, or relating to, a terrorist act, unless the police officer has reasonable cause to suspect the person is carrying such evidence.
(4)  The police officer may seize any seizable item found as a result of a search conducted under this section.
(5)  Division 4 of Part 4 of the Law Enforcement (Powers and Responsibilities) Act 2002 extends to the search of a person conducted under this section. However, in addition to section 31 of that Act, a police officer may only strip search a person under this section if the police officer suspects on reasonable grounds that the person is the target of an authorisation within the meaning of Part 2.