Criminal Investigation Act 2006

The powers in this section may be exercised in a public place by a police officer —

if the place is prescribed; or

if the place is the subject of a written declaration made under subsection (2); or

if the officer reasonably suspects that it is necessary to exercise the powers for the purposes of safeguarding the place or people who are in or may enter the place.

If a senior police officer is of the opinion that it is necessary to do so to safeguard a particular public place or people who are in or may enter the place, the officer may declare the place to be one where the powers in this section may be exercised by a police officer.

A senior police officer who makes such a declaration must make a written record of it and —

the public place to which it applies; and

the date and time it was made; and

the period for which it will be in force, which must not be more than 48 hours; and

the reasons for making it.

If the powers in this section may be exercised in a public place by a police officer, the officer —

having informed a person who is about to enter the place that entry will be refused unless the person consents —

to undergoing a basic search; and

if the person is in charge of a vehicle, to a search of the vehicle,

having informed a person who is in the place that he or she will be ordered to leave the place unless the person consents —

to undergoing a basic search; and

if the person is in charge of a vehicle, to a search of the vehicle,

If a person does not obey an order given by a police officer under subsection (4), the officer may physically enforce the order.

If a person who is about to enter or is in a public place consents to undergoing a basic search by a police officer, the officer —

may do a basic search for the purpose of searching for any thing that the officer reasonably suspects does or may endanger the place or people who are in or may enter it; and

may seize any such thing found.

A thing so seized from a person must be made available to be collected by the person when or as soon as practicable after he or she leaves the place, unless it may be lawfully seized and retained under another provision of this Act or under another written law.

The Criminal and Found Property Disposal Act 2006 applies to and in relation to a thing so seized that is made available to but not collected by the person.

If a police officer doing a search under this section finds a thing which is not a thing referred to in subsection (6) but which is a thing relevant to an offence, the officer —

may, subject to section 146, seize it; and

whether or not the officer seizes it, may do a forensic examination on it.