Sch. 1 (a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. (10) The strip search must not be conducted in the Sch. 1 cl. 9(10) substituted by presence or view of a person who is not of— No. 42/2010 s. 18(2). (a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. (11) The strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search or the safety of the person or the members engaged in the search. Sch. 1 cl. 9(12) (12) The member must not search the genital area of amended by the person searched, or in the case of a female or a No. 42/2010 s. 18(3). person who identifies as a female, the person's breasts unless the member suspects on reasonable grounds that it is necessary to do so for the purposes of the search. (13) A strip search must not involve a search of a person's body cavities or an examination of the body by touch. (14) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (15) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. Sch. 1 cl. 9(10) substituted by No. 42/2010 s. 18(2). (10) The strip search must not be conducted in the presence or view of a person who is not of— (a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. (11) The strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search or the safety of the person or the members engaged in the search. Sch. 1 cl. 9(12) amended by No. 42/2010 s. 18(3). (12) The member must not search the genital area of the person searched, or in the case of a female or a person who identifies as a female, the person's breasts unless the member suspects on reasonable grounds that it is necessary to do so for the purposes of the search. (13) A strip search must not involve a search of a person's body cavities or an examination of the body by touch. Sch. 1 (14) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (15) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
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