Power to stop and search vehicle, vessel, aircraft or recreational craft
168 Power to stop and search vehicle, vessel, aircraft or recreational craft
This section applies if an authorised officer suspects on reasonable grounds that—
a vehicle, vessel, aircraft or recreational craft is being, or has been, used in the commission of an offence against this Act; or
a vehicle, vessel, aircraft or recreational craft, or anything on or in it may provide evidence of the commission of an offence against this Act.
The officer may, with necessary and reasonable help and force, and without consent or a warrant—
enter or board the vehicle, vessel, aircraft or recreational craft; and
exercise the powers set out in section 157(3).
If the vehicle, vessel, aircraft or recreational craft is moving, or is about to move, the officer may signal the person controlling it, to stop or not to move it.
The person must obey the signal given under subsection (3), unless the person has a reasonable excuse.
Maximum penalty—165 penalty units.
It is a reasonable excuse for the person to fail to stop or to move the vehicle, vessel, aircraft or recreational craft if—
to immediately obey the signal would endanger the person or someone else; and
the person obeys the signal as soon as it is practicable to obey the signal.
This Act’s bill:Explanatory memorandum
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