Section 3UD — Crimes Act 1914: Stopping and searching

(1) A police officer may: (a) stop and detain the person for the purpose of conducting a search under paragraph (b); and (b) conduct one of the following searches for a terrorism related item: (i) an ordinary search or a frisk search of the person; (ii) a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person’s immediate control; (iii) a search of any vehicle that is operated or occupied by the person; (iv) a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place. Informing a person of a right to make a complaint (1A) A police officer who stops and detains a person under this section must inform the person of any right the person has to make a complaint to: (a) the Commonwealth Ombudsman; or (b) a State or Territory police oversight body; about the conduct of the police officer in exercising the powers conferred by this section. (1B) Subsection (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency. Conditions relating to conduct of search of person (2) A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search. (3) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section. Other conditions relating to conduct of search of person or thing (4) In searching a thing (including a vehicle) under subsection (1), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless: (a) the person has been given a reasonable opportunity to open the thing or part of it; or (b) it is not possible to give that opportunity.