Criminal Assets Confiscation Act 2005

If an authorised officer suspects on reasonable grounds that—

material liable to seizure under this Act is in or on a vehicle; and

it is necessary to exercise a power under this section in order to prevent the material from being concealed, destroyed, lost or altered; and

because the circumstances are serious and urgent, it is necessary to exercise the power without the authority of a search warrant, the authorised officer may, with such assistants as he or she considers necessary—

stop and detain the vehicle; and

search the vehicle, and any container in or on the vehicle, for the material; and

seize the material if he or she finds it there.

If, in the course of exercising a power under subsection (1), the authorised officer finds other material liable to seizure under this Act, the authorised officer may seize the material if he or she suspects on reasonable grounds that it is necessary—

to seize it in order to prevent its concealment, loss or destruction;

because the circumstances are serious and urgent, to seize it without the authority of a search warrant.

An authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary in exercising a power under this section, but must not use force to open a part of the vehicle or any container in or on the vehicle unless the person (if any) apparently in charge of the vehicle has been given a reasonable opportunity to open that part or container.

The person apparently in charge of a vehicle need not be given a reasonable opportunity to open part of the vehicle or a container in or on the vehicle if—

it is not possible to give the person such an opportunity; or

the authorised officer, or person assisting an authorised officer, reasonably suspects that the part or container might be concealed, destroyed, lost or altered if such an opportunity were given.