GRAFFITI PREVENTION ACT 2007 - SECT 15 Conduct of searches
GRAFFITI PREVENTION ACT 2007 - SECT 15
Conduct of searchesS. 15(1) amended by Nos 43/2011 s. 27(a), 37/2014 s. 10(Sch. item 75.8(a)).
(1) A police officer or a protective services officer must conduct a search under this Part of a person—
(a) in a manner that affords reasonable privacy to the person being searched; and
(b) as quickly as is reasonably practicable.
S. 15(2) amended by Nos 43/2011 s. 27(a), 37/2014 s. 10(Sch. item 75.8(a)).
(2) A police officer or a protective services officer who conducts a search under this Part of a vehicle, package or thing may examine the exterior and interior of the vehicle, package or thing.
S. 15(3) amended by Nos 43/2011 s. 27, 37/2014 s. 10(Sch. item 75.8(b)).
(3) If, before or during the conduct of a search of a person under this Part, a police officer or a protective services officer has reasonable grounds for suspecting that the person is—
(a) under 18 years of age; and
(b) has in his or her possession or under his or her control a volatile substance within the meaning of Part IV of the Drugs, Poisons and Controlled Substances Act 1981 or an item used to inhale a volatile substance; and
(c) is inhaling or will inhale a volatile substance; and
S. 15(3)(d) amended by Nos 43/2011 s. 27(b), 37/2014
s. 10
(Sch. item 75.8(b)(ii)).
(d) the police officer or protective services officer may exercise powers under Division 2 of Part IV of the Drugs, Poisons and Controlled Substances Act 1981 —
the police officer or protective services officer must cease conducting the search and deal with the person in the manner set out in that Division.