CONTROLLED SUBSTANCES ACT 1984 - SECT 52B

CONTROLLED SUBSTANCES ACT 1984 - SECT 52B

52B—Special powers relating to drug transit routes

        (1)         A senior police officer may, if he or she reasonably suspects that an area is being, or is likely to be, used for the transport of controlled drugs, controlled precursors or controlled plants in contravention of this Act, authorise the exercise of powers under this section in relation to the area.

        (2)         An authorisation granted by a senior police officer under subsection (1)—

            (a)         must be granted in accordance with any guidelines issued by the Commissioner in relation to such authorisations; and

            (b)         must define the area to which the authorisation relates; and

            (c)         may be subject to conditions specified by the officer granting the authorisation; and

            (d)         operates for an initial period (not exceeding 14 days) specified by the officer granting the authorisation; and

            (e)         may be renewed from time to time by a senior police officer for a further period (not exceeding 14 days).

        (3)         An authorisation granted under subsection (1) may be varied or revoked by a senior police officer at any time.

        (4)         An area may only be subject to an authorisation under this section if—

            (a)         the whole of the area is situated more than 30 kilometres from the General Post Office at Adelaide; and

            (b)         the total size of the area is not more than 5 square kilometres.

        (5)         If the exercise of powers under this section in relation to an area is authorised, a police officer may—

            (a)         require the driver of a vehicle within the area to stop the vehicle (whether at a drug detection point established in accordance with subsection (7) or at any other location); and

            (b)         detain the vehicle and carry out general drug detection in relation to the vehicle and any persons or property in or on the vehicle; and

            (c)         allow a drug detection dog to enter any part of the vehicle not designed for the purpose of carrying passengers while the vehicle is moving; and

            (d)         direct a person to open any part of the vehicle and give such other directions as are reasonably necessary for, or incidental to, the effective exercise of powers under this section.

        (6)         A police officer may only detain a person who is in a vehicle, by directions given under this section, for so long as is reasonably necessary to carry out general drug detection in relation to the vehicle and any persons or property in the vehicle.

        (7)         A drug detection point may be established by police officers at any time on or in the vicinity of any road within an area in relation to which the exercise of powers under this section is authorised for the purpose of exercising those powers in relation to persons driving motor vehicles on the road.

        (8)         A drug detection point must be established in such a way, and consist of such facilities and warning and other devices, as the Commissioner of Police considers necessary in order to enable vehicles to be stopped in a safe and orderly manner.

        (9)         The Commissioner of Police must—

            (a)         establish procedures to be followed by police officers in the exercise of powers under this section, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers; and

            (b)         establish procedures to ensure that the exercise of powers under this section is not authorised in relation to more than 3 areas at any one time.