Search and seizure on arrest without a warrant

47.(1) This section applies to a person arrested:
(a) on a warrant issued under this Act; or
(b) on an endorsed warrant.

(2) If a police officer who arrests a person under this Act has reasonable grounds for suspecting that property in the vicinity of the person:
(a) may be material as evidence in proving an offence for which the warrant was issued; or
(b) has been acquired by the person as the result of the offence for which the warrant was issued;
the police officer may seize the property.

(3) If a police officer:
(a) arrests a person under this Act; and
(b) has reasonable grounds for suspecting that there is on the person, in the clothing that the person is wearing or in or on any property in the vicinity of the person that is under the apparent control of the person, any thing (including a sum of money) that:
(i) may be material as evidence in proving any offence in relation to which the warrant was issued or for which surrender of the person is sought; or
(ii) has been acquired by the person as a result of that offence;
the police officer may search the person, the person's clothing or the property and may seize any thing found as a result of the search.

(4) Subsections (2) or (3) do not authorise a police officer to remove, or to require the person to remove, any of the clothing that the person is wearing.

(5) A person must not be searched except by a police officer of the same sex.

(6) A police officer must retain in safe keeping any property or thing seized pending a direction from the Attorney-General about how the thing is to be dealt with.

(7) Nothing in this section prevents or restricts the search of a person or of clothing worn by, or of property under the immediate control of, a person after the person is admitted to a prison after having been arrested for an offence.

(8) The powers conferred by this section are in addition to any other powers conferred by law.