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PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 32 Searches in emergencies

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 32

Searches in emergencies

  (1)   An inspector may:

  (a)   search a person, or the clothing that is being worn by, and property in the immediate control of, a person, suspected by the inspector to be carrying any thing that is forfeited or connected with an offence against this Act; or

  (b)   enter upon any land, or upon or into any premises, structure, vessel, aircraft or vehicle, on or in which the inspector believes on reasonable grounds that any thing forfeited or connected with an offence against this Act is situated;

and may seize any such thing found in the course of that search, or upon the land or in the premises, structure, vessel, aircraft or vehicle, as the case may be, if:

  (c)   the inspector believes on reasonable grounds that it is necessary to do so in order to prevent the exportation or importation of that thing or the concealment, loss or destruction of any thing forfeited or connected with an offence against this Act; and

  (d)   the search or entry is made in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority or an order of a court or of a warrant issued under this Act.

  (2)   An inspector may stop a person, vessel, aircraft or vehicle for the purposes of subsection   (1).

  (3)   Subsections   30(5) and (6) apply in relation to this section as they apply in relation to section   30.