Controlled Substances Act 1984

Subject to this section, an authorised officer may—

enter at any time any premises for the purposes of ascertaining whether the provisions of this Act, or of a licence, authority or permit granted under this Act, are being complied with or have been contravened; and

if reasonably necessary for that purpose, break into or open any part of the premises, or anything in or on the premises; and

for the purposes of paragraph (a) or (b), require the driver of any vehicle, the master of any vessel or the pilot of any aircraft to stop that vehicle, vessel or aircraft.

While an authorised officer is in or on any premises pursuant to this section, the officer may—

inspect or search the premises or any equipment or other thing on the premises;

require any person to produce any books, papers or documents (including a written record that reproduces, in an understandable form, information stored by computer, microfilm or other process) or any substance, equipment or device;

examine any books, papers or documents (including a written record that reproduces, in an understandable form, information stored by computer, microfilm or other process) and take extracts from any of them or make copies of any of them;

examine any substance, equipment or device;

take and remove from the premises samples of any substance or goods;

carry out any tests;

take any photographs or films or make any audio or audiovisual record;

require the holder of a licence, authority or permit under this Act to produce that licence, authority or permit for inspection;

if the officer suspects on reasonable grounds that an offence against this Act has been committed, seize and remove from the premises anything that the officer has reasonable cause to suspect affords evidence of the offence;

give such directions as are reasonably necessary for, or incidental to, the effective exercise of the officer's powers under this Act.

The powers conferred by subsection (1)(b) may only be exercised by an authorised officer who is a police officer.

An authorised officer must not exercise the powers conferred by subsection (1)(a) and (b) except on the authority of a warrant issued by a senior police officer, magistrate or justice, unless the powers are being exercised in relation to—

premises that are used by a registered health practitioner or veterinarian in the ordinary course of his or her profession; or

premises that are used in the course of an activity in respect of which a licence, authority or permit has been granted under this Act; or

premises that are used for a non-residential purpose and in which the authorised officer reasonably suspects poisons, medicines, medical devices or volatile solvents are being stored, used or sold, provided that the powers are exercised during ordinary business hours.

A senior police officer, magistrate or justice must not issue a warrant under subsection (4) unless satisfied, on information given on oath—

that there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be, committed; and

that a warrant is reasonably required in the circumstances.

An authorised officer who is a police officer may search any person whom the officer reasonably suspects has in his or her possession any substance or equipment in contravention of this Act.

If an authorised officer who is a police officer reasonably suspects that any substance or equipment that would afford evidence of an offence against this Act is in any vehicle, vessel or aircraft, the officer may—

require the driver of the vehicle, the master of the vessel or the pilot of the aircraft to stop the vehicle, vessel or aircraft; and

detain and search the vehicle, vessel or aircraft; and

seize and remove from the vehicle, vessel or aircraft anything that the officer reasonably suspects would afford evidence of an offence against this Act.

Nothing in this section derogates from the power of a police officer to do anything authorised under section 52A or 52B.

A police officer may, in exercising powers pursuant to a warrant issued under subsection (4) or any other powers under this section, use a drug detection dog or an electronic drug detection system.