COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 44 Insertion of new s 8P

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 44

44 Insertion of new s 8P

Part 2A, division 2, subdivision 1—

insert—

8P Power to search vehicle without warrant

(1) A terrorist emergency officer may, without a warrant, do any of the following if a vehicle is about to enter or is in, or the officer reasonably suspects the vehicle has recently left, a declared area for the terrorist emergency—

(a) stop the vehicle;

(b) detain the vehicle and the occupants of the vehicle;

(c) search the vehicle and anything in it for anything relevant to the terrorist emergency.

(2) The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects—

(a) the thing may provide evidence of the commission of an offence; or

(b) a person may use the thing to cause harm to the person or someone else.

(3) The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (1) or (2) were done under that Act.

(4) Nothing done under this section is an enforcement act under the Police Powers and Responsibilities Act 2000 .

(5) In this section—


"vehicle" includes vessel, aircraft or railway rolling stock.