Section 406A — Environment Protection and Biodiversity Conservation Act 1999: Searches under paragraph 406(1)(ba)

(1) A search under paragraph 406(1)(ba) of a person (the subject) may only be conducted by an authorised officer of the same sex as the subject. (2) However, if an authorised officer of the same sex as the subject is not available to conduct the search, it may be conducted by another person who: (a) is of the same sex as the subject; and (b) agrees, at the request of an authorised officer, to conduct the search. (3) Paragraph 406(1)(ba) and this section do not authorise the authorised officer or other person: (a) to remove any of the subject’s clothing; or (b) to require the subject to remove any of his or her clothing; or (c) to use more force, or subject the subject to greater indignity, than is reasonably necessary to conduct the search.