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SUMMARY OFFENCES ACT 1953 - SECT 74B

SUMMARY OFFENCES ACT 1953 - SECT 74B

74B—Road blocks

        (2)         Where a senior police officer believes on reasonable grounds that the establishment of a road block at a particular place would significantly improve the prospects of apprehending a person—

            (a)         suspected of having committed a major offence; or

            (b)         who has escaped from lawful detention,

the officer may authorise the establishment of a road block at that place.

        (3)         An authorisation under this section—

            (a)         operates for an initial period (not exceeding 12 hours) specified by the officer granting the authorisation; and

            (b)         may be renewed from time to time by a magistrate for a further period (not exceeding 12 hours).

        (4)         An authorisation may be granted under this section orally or in writing but a written record must be kept of—

            (a)         the place at which the establishment of a road block was authorised;

            (b)         the period or periods for which the authorisation was granted or renewed;

            (c)         the grounds on which the authorisation was granted or renewed.

        (5)         Where a road block is authorised under this section, a police officer—

            (a)         may establish a road block (consisting of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles) at the place to which the authorisation relates;

            (b)         may stop vehicles at or in the vicinity of the road block;

            (c)         may require any person in any such vehicle to state his or her full name and address;

            (d)         may search the vehicle for the purpose of ascertaining whether the person for whose apprehension the road block was established is in or on the vehicle and give reasonable directions to any person in the vehicle for the purpose of facilitating the search;

            (e)         may take possession of any object found in the course of such a search that the officer suspects on reasonable grounds to constitute evidence of an offence.

        (6)         Where a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (5) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated.

        (7)         A person who—

            (a)         fails, without reasonable excuse, to stop a vehicle at a road block when requested or signalled to do so; or

            (b)         fails, without reasonable excuse, to comply with a requirement or direction under subsection (5) or (6); or

            (c)         in response to a requirement under subsection (5) or (6)—

                  (i)         states a name or address that is false; or

                  (ii)         produces false evidence of his or her name or address,

is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

        (8)         In proceedings for an offence against this section, a certificate apparently signed by a senior police officer stating—

            (a)         that an authorisation under this section was given or renewed for a specified period; and

            (b)         that the authorisation authorised the establishment of a road block at a specified place; and

            (c)         the grounds on which the authorisation was given or renewed,

will be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate.

        (9)         The Commissioner must, as soon as practicable after each successive period of three months following the commencement of this section, submit a report to the Minister in relation to that period stating—

            (a)         the number of authorisations granted under this section during that period;

            (b)         in relation to each authorisation granted during that period—

                  (i)         the place at which the establishment of a road block was authorised;

                  (ii)         the period or periods for which the authorisation was granted or renewed;

                  (iii)         the grounds on which the authorisation was granted or renewed;

            (c)         any other matters the Commissioner considers relevant.

        (10)         The Minister must cause copies of a report under subsection (9) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament.