20/Aug/2004 - Current (at 31 Dec 2005)
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    49A. Use of dogs

    (1) In this section

    }drugs search~ means

    (a) a search of a prisoner;

    (b) a search in a prison or in premises or a place near a prison;

    (c) a search of a vehicle in or near a prison; or

    (d) a search under section 49,

    where the purpose of the search is to detect whether drugs are or have been present;

    }prison dog~ means a dog approved in accordance with the regulations for use by a prison officer in carrying out drugs searches.

    (2) A prison officer may, in a manner authorised under the regulations, use a prison dog to assist the prison officer in carrying out a drugs search.

    (3) A person who

    (a) assaults; or

    (b) hinders or obstructs,

    a prison dog under the control of a prison officer carrying out a drugs search is to be deemed to have assaulted, or to have hindered or obstructed, the prison officer handling the dog.

    (4) A prison dog under the control of a prison officer may enter, and be in, any place that the prison officer may lawfully enter or be in while carrying out a drugs search, and no liability shall arise by reason only that the prison dog entered or was in that place, notwithstanding any other law.

    (5) Without limiting the generality of section 111, a prison officer is not personally liable for injury or damage caused by the use of a prison dog under the control of the prison officer in carrying out a drugs search, if that use was in accordance with this Act.

    (6) Subsection (5) does not apply if injury or damage occurs as a result of anything commanded or permitted by the prison officer maliciously and without reasonable and probable cause.

    [Section 49A inserted by No. 19 of 1995 s. 5.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.