Stopping and searching conveyance without warrant in emergency situation
354 Stopping and searching conveyance without warrant in emergency situation
This section applies if an authorised officer reasonably suspects that:
particular evidential material is in or on a conveyance; and
it is necessary to exercise a power under subsection (2) in order to prevent the evidential material being concealed, lost or destroyed; and
it is necessary to exercise the power without the authority of an investigation warrant because the circumstances are serious and urgent.
Authorised officer may stop, detain and search conveyance and secure evidential material
The authorised officer may:
stop and detain the conveyance; and
search the conveyance, and anything in or on the conveyance, for the evidential material; and
secure the evidential material if the authorised officer finds it there pending the obtaining of an investigation warrant to seize it.
If, in the course of searching for the evidential material, the authorised officer finds other evidential material, the authorised officer may secure that other evidential material, pending the obtaining of an investigation warrant to seize it, if the authorised officer reasonably suspects that:
it is necessary to secure it in order to prevent its concealment, loss or destruction; and
it is necessary to secure it without the authority of an investigation warrant because the circumstances are serious and urgent.
Obligations and powers of authorised officers
In exercising a power under subsection (2) or (3) in relation to a conveyance, the authorised officer:
must search the conveyance in a public place or in another place to which members of the public have ready access; and
must not detain the conveyance for longer than is necessary and reasonable to search it and anything found in or on it; and
may use such force against things as is necessary and reasonable in the circumstances.
However, the authorised officer must not damage the conveyance, or anything found in or on the conveyance, by forcing open a part of the conveyance or thing unless:
the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or thing; or
it is not possible to give that person such an opportunity.
This Act’s bill:Explanatory memorandumSecond reading speech
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