45CPower to enter and search places, premises, conveyances and containers

45C Power to enter and search places, premises, conveyances and containers

[Section 45C Inserted by No. 53 of 2016, s. 18, Applied:29 Nov 2017]

(1)  If a police officer reasonably suspects a reportable offender is committing, or has committed, an offence against this Act, the police officer may without warrant, enter into, remain on, search and inspect any place, premises, conveyance or container that the police officer reasonably believes is being, or has been, used by the reportable offender.

(2)  In entering into, remaining on, searching and inspecting any place, premises, conveyance or container under subsection (1) , a police officer may exercise all or any of the following powers:

(a) use any force as is reasonably necessary;

(b) inspect, take copies of or seize any records, documents or other thing the police officer considers relevant that is kept at, or in, the place, premises, conveyance or container;

(c) break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not;

(d) require any conveyance to be stopped;

(e) inspect any computer, mobile telephone or device capable of storing electronic data;

(f) remove from the place, premises, conveyance or container any computer, mobile telephone or other device capable of storing electronic data for the purpose of inspecting the computer, mobile telephone or device.

(3)  If a reportable offender is aware that, in order to gain access to data stored on a computer, mobile telephone or other device being inspected or removed by a police officer under this section, it is necessary to enter any password, code or other information, or to perform any function in relation to the data, he or she must provide the police officer with that password, code or information or assist the police officer in performing that function.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.

(4)  A reportable offender must allow a police officer to enter into, remain on, search and inspect any place, premises, conveyance or container for the purposes of this section and must cooperate with the police officer with respect to that entry, search and inspection.