POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 30
Prescribed circumstances for searching persons without warrant
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 30
Prescribed circumstances for searching persons without warrant
30 Prescribed circumstances for searching persons without warrant
(1) The prescribed circumstances for searching a person without a warrant are
as follows—
(a) the person has something that may be—
(i) a weapon, knife
or explosive the person may not lawfully possess, or another thing that the
person is prohibited from possessing under a domestic violence order or an
interstate domestic violence order; or
(vi) evidence of the commission of a seven year imprisonment
offence that may be concealed on the person or destroyed; or
(vii) evidence
of the commission of an offence against the Criminal Code , section 469 that
may be concealed on the person or destroyed if, in the circumstances of the
offence, the offence is not a seven year imprisonment offence; or
(ix) evidence of the commission of an offence
against the Liquor Act 1992, section 168B or 168C ;
(b) the person possesses
an antique firearm and is not a fit and proper person to be in possession of
the firearm—
(i) because of the person’s mental and physical fitness; or
(ii) because a domestic violence order has been made against the person; or
(iii) because the person has been found guilty of an offence involving the
use, carriage, discharge or possession of a weapon;
(c) the person has
something that may have been used, is being used, is intended to be used, or
is primarily designed for use, as an implement of housebreaking, for
unlawfully using or stealing a vehicle, or for the administration of a
dangerous drug;
(d) the person has something the person intends to use to
cause harm to himself, herself or someone else;
(k) the
person has something that may be a dangerous attachment device that has been
used, or is to be used, to disrupt a relevant lawful activity;
(l) the person
has failed to comply with a requirement under section 39E, 39For 39Gof a
police officer.
(2) For subsection (1) (k) , a relevant lawful activity is
disrupted by using a dangerous attachment device if the use—
(a)
unreasonably interferes with the ordinary operation of transport
infrastructure within the meaning of the Transport Infrastructure Act 1994,
schedule 6 ; or
Example—
placing an obstacle, on a railway, that stops the
passage of rolling stock
(b) stops a person from entering or leaving a
place of business; or
(c) causes a halt to the ordinary operation of plant or
equipment because of concerns about the safety of any person.