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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 127 Searches without warrant in emergency situations

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 127

Searches without warrant in emergency situations

  (1)   This section applies if a police officer suspects, on reasonable grounds, that:

  (a)   evidential material is in or on a conveyance; and

  (b)   it is necessary to exercise a power under subsection   ( 2) in order to prevent the material from being concealed, lost or destroyed; and

  (c)   it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

  (2)   The police officer may:

  (a)   stop and detain the conveyance; and

  (b)   search the conveyance, and any container in or on the conveyance, for the material; and

  (c)   seize the material if he or she finds it there.

  (3)   If, in the course of searching for the material, the police officer finds other evidential material or a thing relevant to an offence against an Australian law, the police officer may seize that material or thing if he or she suspects, on reasonable grounds, that:

  (a)   it is necessary to seize it in order to prevent its concealment, loss or destruction; and

  (b)   it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

  (4)   The police officer must exercise his or her powers subject to section   128.