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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2797 ..

MS TUCKER (12.01 am): I move amendment 3 circulated in my name [see schedule 6 at page 2881].

This amendment ensures that if there does have to be a frisk search it has to be done by someone of the same sex. I would argue that a simple search in most instances would be enough to catch most items of stolen property, burglary tools and so on. If the suspicion is about something more serious, then the police may have to resort to taking the suspect to a police station and giving them the option of getting legal advice.

MR STEFANIAK (Minister for Education and Attorney-General) (12.02 am): Ms Tucker may be unaware but section 349ZZ of the Crimes Act already provides that, if practicable, frisk searches will be carried out by an officer of the same sex as the person being searched. Clauses 28 to 31 of the bill make it easier for the police to comply with this requirement. It may not, however, be practical or desirable to require a person to wait until an officer of the appropriate sex is available to conduct a search.

It should also be noted that a frisk search means a search conducted by quickly running the hands over a person's outer garments and an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

While it is acknowledged that a search by an officer of the same sex is preferable, it would be unnecessarily restrictive to require it in every case. For that reason, the government would oppose the amendment, although I do point out that in nearly all instances that would happen.

Question put:

That Ms Tucker's amendment be agreed to.

The Assembly voted-

		Ayes 10  		Noes 7

 Mr Berry  	Mr Osborne  	Mrs Burke  	Mr Smyth
 Mr Corbell  	Mr Quinlan  	Mr Cornwell  	Mr Stefaniak
 Mr Hargreaves  Mr Stanhope  	Mr Hird
 Mr Kaine  	Ms Tucker  	Mr Humphries
 Mr Moore  	Mr Wood  	Mr Rugendyke

Amendment agreed to.

MS TUCKER (12.09 am): I move amendment No 4 circulated in my name [see schedule 6 at page 2881].

This amendment is an echo of the review and reporting requirements I moved to have added to the move-on powers but did not get support for. Given that we are allowing police additional powers to stop, search and detain suspects, I think it is only

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