SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 56 Power to search premises and vehicles
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 56
Power to search premises and vehicles(1) A police officer may search any premises specified in a public safety order if the officer reasonably suspects a person in relation to whom a public safety order is in force is at or in the premises.
(2) However, the police officer may remain on the premises only for as long as is reasonably necessary to find out if the person is or has been on the premises.
(3) A police officer may stop and search a vehicle, and search anything in or on the vehicle, if the officer reasonably suspects:
(a) a person in the vehicle is a person in relation to whom a public safety order is in force; and
(b) the vehicle is approaching, is in or has recently left any premises specified in the public safety order.
(4) However, the police officer may detain the vehicle, or an occupant of the vehicle, only for as long as is reasonably necessary to find out if the person in relation to whom a public safety order is in force is in the vehicle.
(5) If a police officer detains an occupant of a vehicle stopped under this section only for as long as is reasonably necessary to conduct a search under this section, that action does not, by itself, constitute an arrest of the person.
(6) For section 112(1) of the Criminal Code, a person detained under this section is in the lawful custody of the police officer while detained.
(7) For exercising a power under subsections (1) to (4), a police officer may require a person to do a specified act directed towards ascertaining whether a public safety order has been contravened.
(8) A person must not fail or refuse to comply with a requirement of a police officer under this section.
Fault elements:
The person:
(a) knows, or is reckless as to whether, the person who issued the requirement is a police officer; and
(b) intentionally fails or refuses to comply with the requirement.
Maximum penalty: Imprisonment for 5 years.
(9) It is a defence to a prosecution for an offence against subsection (8) if the defendant has a reasonable excuse.