Police officer to give notice before exercising powers under Division
66ZC Police officer to give notice before exercising powers under Division
Before the powers to search persons pursuant to a particular declaration under this Division are exercised, a police officer must, unless it is not reasonably practicable to do so in the circumstances, notify the prescribed person or persons in respect of the relevant place or public transport vehicle of—
the terms of the declaration (including the period during which the declaration is in force); and
the intention to search persons pursuant to the declaration during specified times, or during a specified period.
To avoid doubt, a police officer need only notify the prescribed person or persons once in relation to each declaration.
However, a failure to comply with subsection (1) does not, of itself, invalidate the exercise or purported exercise of a power under this Division.
In this section—
prescribed person, in respect of a place or public transport vehicle, means—
in the case of licensed premises—the licensee or a responsible person for the licensed premises under the Liquor
Licensing Act 1997;
or
in the case of a declared public event—the organiser of the event; or
in the case of a declared shopping precinct—the person or persons prescribed by the regulations in respect of a shopping precinct of the relevant kind; or
in the case of a declared public transport hub or declared public transport service—the person or persons prescribed by the regulations in respect of a hub or service of the relevant kind; or
in any other case—the person or persons prescribed by the regulations.
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