Chapter 4: Search and Surveillance Act 2012

Question 1

S & S ACT 2012 SECTION 8

Entry to avoid loss of offender or evidential material

Answer 1

S & S ACT 2021 SECTION 8
Entry to avoid loss of offender or evidential material

• section 8 only empowers you to search for and arrest a person (in a place or vehicle)
• that must be your intention at the time of entry
• you may not search for evidential material unless an arrest is made and
• a search incidental to that arrest is undertaken under ss 83-88

Question 2

S & S ACT 2012 SECTION 124

Internal searches generally prohibited

Answer 2

S & S ACT 2012 SECTION 124
Internal searches generally prohibited

(1) - Unless authorised by another enactment,
- an enforcement officer must not conduct an internal search of any part of the body of any person,
- except for, with the person’s consent, searching the person’s mouth.
(2) - A constable must not require any other person to conduct an internal search of any part of the body of any person,
- except as provided in section 23
- (which relates to internal searches in some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).
(3) - This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

Question 3

S & S ACT 2012 SECTION 125

Special Rules about searching person - RAIN

Answer 3

S & S ACT 2012 SECTION 125
Special Rules about searching person - RAIN

You must:

• identify yourself
• state the name of the Act under which the search is taking place and
• the reasons for it unless it is impracticable to do so in the circumstances
• produce evidence of your identity if you are not in Police uniform
• promptly provide the person with a copy of an inventory of any items seized during the search

Question 4

S & S ACT 2012 SECTION 125

Special Rules about searching person

Answer 4

S & S ACT 2012 SECTION 125
Special Rules about searching person

When exercising a power to search a person, you may:

• detain a person to enable a search
• use reasonable force to enable a search
• use any equipment or aids, eg torch while conducting the search
• ask for assistance from medical staff, parent/guardian if necessary
• ask for assistance from another officer (female/female)
• search for any item in the persons possession (subject of search)
• seize anything carried by the person in their possession of control (subject of search)
• copy any part or whole of a document carried by the person (subject of search)
• access using reasonable measures a computer system or data storage in possession or immediate control (subject of search)
• copy intangible material for previewing, cloning before or after removal for examination (subject of search)
• take photographs, voice or video recordings, drawings of anything in possession or control of the person (subject of search)