Further powers of police officers—random weapon and explosive searches
22 Further powers of police officers—random weapon and explosive searches
A police officer may carry out a random weapon and explosive search in relation to premises that the police officer reasonably suspects are being used to carry on a business in the course of which tattooing services are provided.
A police officer may, in carrying out a search under this section, do 1 or more of the following:
enter and remain in the premises;
inspect or search the premises, any person on the premises and any equipment or other thing on the premises;
examine any substance, equipment or device;
take and remove from the premises samples of any substance or goods;
carry out tests;
take photographs or films or make audio or audiovisual records;
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 section.
Nothing in this section authorises a police officer to conduct or require an intimate search, an intrusive search or an intimate intrusive search of a person.
A police officer may, in exercising powers under this section, use a detection dog, a metal detector or an electronic detection system.
Nothing in this section limits any powers a police officer may have under the Firearms
Act 1977, the Explosives Act 1936, the
Summary Offences
Act 1953 or any other Act or law.
In this section—
detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of firearms or explosive;
electronic detection system means—
an electronic device of a kind approved by the Commissioner of
Police; or
a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device, for the purpose of detecting the presence of firearms or explosive;
intimate intrusive search means an intrusive search of the rectum or vagina;
intimate search means a search of the body that involves exposure of, or contact with the skin of, the genital or anal area, the buttocks or, in the case of a female, the breasts, and includes an intimate intrusive search;
intrusive search means an internal search involving the introduction of anything into a bodily orifice.
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