Police Powers and Responsibilities Act 2000

It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—

may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—

because of the person’s mental and physical fitness; or

because a domestic violence order has been made against the person; or

because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or

may be an unlawful dangerous drug; or

may be stolen property; or

may be unlawfully obtained property; or

may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or

may be evidence of the commission of an offence against any of the following—

may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or

may be tainted property; or

may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or

may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 19Q(1), 19S(2), 23B or 23C; or

may be something the person intends to use to cause self harm or harm to someone else; or

may be evidence of the commission of an offence against the Penalties and Sentences Act 1992, section 161ZI; or

may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018, section 15 or 16; or

may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.

Also, the following are prescribed circumstances for searching a vehicle without a warrant—

the driver or a passenger in the vehicle has committed, or is committing, an offence against—

the Summary Offences Act 2005, section 10C; or

the Criminal Code, section 52D or 52DA;

the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

For subsection (1)(p), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; orExample—placing an obstacle, on a railway, that stops the passage of rolling stock

stops a person from entering or leaving a place of business; or

causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.