Section 3ZH — Crimes Act 1914: Power to conduct an ordinary search or a strip search

(1) If a person who has been arrested for an offence is brought to a police station, a constable may: (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or (b) subject to this section, conduct a strip search of the person. (2) A strip search may be conducted if: (a) a constable suspects on reasonable grounds that the person has in his or her possession: (i) a seizable item; or (ii) evidential material (other than forensic material as defined in Part ID) in relation to that or another offence; and (b) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and (c) a constable of the rank of superintendent or higher has approved the conduct of the search. (2A) If: (a) in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and (b) Part ID provides for the carrying out of such a forensic procedure; the forensic procedure must not be carried out except in accordance with Part ID. (2B) The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part ID. (3) Subject to section 3ZI, a strip search may also be conducted if the person consents in writing. (3A) Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part ID. Such a search must not be conducted except in accordance with Part ID. (4) Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search. (5) The approval may be obtained by telephone, telex, fax or other electronic means. (6) A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision. (7) Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2). (8) Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.