401
CurrentRequirements for search of possessions
Chapter 5Mental Health Court references
Part 3Proceedings for references
401 Requirements for search of possessions
(1)
A person authorised under division 3, 4 or 5 to carry out a search of a person’s possessions (the searcher) may—
(a)
open or inspect a thing in the person’s possession; and
(b)
remove and inspect any detected thing.
(2)
However, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present.
(3)
Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.
This Act’s bill:Explanatory memorandumSecond reading speech
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