Search without warrant
13 Search without warrant
S. 13(1) amended by Nos 43/2011 s. 25(1), 37/2014 s. 10(Sch. item 75.6(a)).
Subject to subsection (3), if a police officer, or a protective services officer on duty at a designated place, has reasonable grounds for suspecting that—
a person has in his or her possession a prescribed graffiti implement on property, or in a place, referred to in section 7(1); and
relevant evidence is likely to be lost or destroyed if a search is delayed until a search warrant is obtained; and
the person is 14 years of age or more—
the police officer or protective services officer may, without warrant, search the person and any vehicle, package or thing in the possession of the person and seize any prescribed graffiti implement or other evidence of an offence against this Act found during the course of the search.
For the purposes of subsection (1), the fact that a person is present in or near—
a location with a high incidence of graffiti; or
a location that appears to have been recently marked with graffiti—
may be taken into account in determining whether there are reasonable grounds for suspecting that the person has a prescribed graffiti implement in his or her possession.
S. 13(3) amended by Nos 43/2011 s. 25(2)(a)(b), 37/2014 s. 10(Sch. item 75.6(b)(i)(ii)).
Before a police officer or a protective services officer commences a search of a person under subsection (1), the police officer or protective services officer must—
S. 13(3)(a) amended by No. 43/2011 s. 25(2)(c).
inform the person of his or her name, rank and place of duty; and
if requested by the person, provide the information referred to in paragraph (a) in writing; and
S. 13(3)(c) amended by Nos 43/2011 s. 25(2)(d), 37/2014 s. 10(Sch. item 75.6(b)(ii)).
produce his or her identification for inspection by the person unless the police officer or protective services officer is in uniform; and
S. 13(3)(d) amended by No. 37/2014 s. 10(Sch. item 75.6(b)(iii)).
request the person to produce to the police officer or protective services officer any graffiti implement that is in the person's possession; and
if the person is or appears to be under 18 years of age, comply with sections 14 and 15.
S. 13(4) amended by Nos 43/2011 s. 25(3), 37/2014 s. 10(Sch. item 75.6(c)).
If, before or during the conduct of a search of a person under this section, a graffiti implement is produced by or found on the person, the police officer or the protective services officer conducting the search must ask the person why he or she is in possession of that graffiti implement.
S. 13(5) inserted by No. 45/2017 s. 53(2).
A protective services officer may only exercise any power under this section in relation to a person, or vehicle, package or thing in the possession of the person who is at or in the vicinity of a designated place.
This Act’s bill:Explanatory memorandumSecond reading speech
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