Part 7Search, seizure, forfeiture and analysis

Part 7—Search, seizure, forfeiture and analysis 49—Application of Part This Part does not apply in relation to Part 4A. Note— See Part 4A Division 5. 50—Authorised officers (1) The following persons are authorised officers for the purposes of this Act: (a) a police officer; and (b) any other person appointed by the Minister, by instrument in writing, to be an authorised officer for the purposes of this Act. (2) The Minister must provide an authorised officer appointed under subsection (1)(b) with a certificate of identification. (3) An authorised officer appointed under subsection (1)(b) must, on demand by a person in relation to whom the officer is exercising any powers under this Act, produce the certificate of identification for the inspection of that person. 51—Analysts (1) Subject to subsection (2), the Minister may, by notice in the Gazette, appoint such number of persons to be analysts as the Minister thinks necessary or desirable for the purposes of this Act. (2) No person who has a direct or indirect interest in the manufacture, production, sale or supply of any substance or device to which this Act applies may be appointed as an analyst. 52—Power to search, seize etc (1) Subject to this section, an authorised officer may— (a) enter at any time any premises for the purposes of ascertaining whether the provisions of this Act, or of a licence, authority or permit granted under this Act, are being complied with or have been contravened; and (b) if reasonably necessary for that purpose, break into or open any part of the premises, or anything in or on the premises; and (c) for the purposes of paragraph (a) or (b), require the driver of any vehicle, the master of any vessel or the pilot of any aircraft to stop that vehicle, vessel or aircraft. (2) While an authorised officer is in or on any premises pursuant to this section, the officer may— (a) inspect or search the premises or any equipment or other thing on the premises; (b) require any person to produce any books, papers or documents (including a written record that reproduces, in an understandable form, information stored by computer, microfilm or other process) or any substance, equipment or device; (c) examine any books, papers or documents (including a written record that reproduces, in an understandable form, information stored by computer, microfilm or other process) and take extracts from any of them or make copies of any of them; (d) examine any substance, equipment or device; (e) take and remove from the premises samples of any substance or goods; (f) carry out any tests; (g) take any photographs or films or make any audio or audiovisual record; (h) require the holder of a licence, authority or permit under this Act to produce that licence, authority or permit for inspection; (i) if the officer suspects on reasonable grounds that an offence against this Act has been committed, seize and remove from the premises anything that the officer has reasonable cause to suspect affords evidence of the offence; (j) give such directions as are reasonably necessary for, or incidental to, the effective exercise of the officer's powers under this Act. (3) The powers conferred by subsection (1)(b) may only be exercised by an authorised officer who is a police officer. (4) An authorised officer must not exercise the powers conferred by subsection (1)(a) and (b) except on the authority of a warrant issued by a senior police officer, magistrate or justice, unless the powers are being exercised in relation to— (a) premises that are used by a registered health practitioner or veterinary surgeon in the ordinary course of his or her profession; or (b) premises that are used in the course of an activity in respect of which a licence, authority or permit has been granted under this Act; or (c) premises that are used for a non-residential purpose and in which the authorised officer reasonably suspects poisons, medicines, medical devices or volatile solvents are being stored, used or sold, provided that the powers are exercised during ordinary business hours. (5) A senior police officer, magistrate or justice must not issue a warrant under subsection (4) unless satisfied, on information given on oath— (a) that there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be, committed; and (b) that a warrant is reasonably required in the circumstances. (6) An authorised officer who is a police officer may search any person whom the officer reasonably suspects has in his or her possession any substance or equipment in contravention of this Act. (9) If an authorised officer who is a police officer reasonably suspects that any substance or equipment that would afford evidence of an offence against this Act is in any vehicle, vessel or aircraft, the officer may— (a) require the driver of the vehicle, the master of the vessel or the pilot of the aircraft to stop the vehicle, vessel or aircraft; and (b) detain and search the vehicle, vessel or aircraft; and (c) seize and remove from the vehicle, vessel or aircraft anything that the officer reasonably suspects would afford evidence of an offence against this Act. (10) Nothing in this section derogates from the power of a police officer to do anything authorised under section 52A or 52B. (11) A police officer may, in exercising powers pursuant to a warrant issued under subsection (4) or any other powers under this section, use a drug detection dog or an electronic drug detection system. 52A—General drug detection powers (1) A police officer may carry out general drug detection in relation to— (a) any property in an area to which this section applies; and (b) any person who is in, or is apparently attempting to enter or to leave, an area to which this section applies; and (c) any property in the possession of such a person. (2) This section applies to the following areas: (a) licensed premises or a carparking area specifically provided for the use of patrons of any licensed premises; (b) a public venue or a carparking area specifically provided for the use of patrons of any public venue; (c) a public passenger carrier or any place at which public passenger carriers may take up, or set down, passengers; (d) a public place in relation to which the exercise of powers under this section is authorised in accordance with subsection (3). (3) A senior police officer may authorise the exercise of powers under this section in relation to a public place. (4) An authorisation granted by a senior police officer under subsection (3)— (a) must be granted in accordance with any guidelines issued by the Commissioner in relation to such authorisations; and (b) must define the public place 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). (5) An authorisation granted under subsection (3) may be varied or revoked by a senior police officer at any time. (6) A police officer exercising powers under this section may— (a) enter and remain in any premises or place necessary for the purpose of exercising those powers; and (b) give such directions as are reasonably necessary for, or incidental to, the effective exercise of those powers. (7) A police officer may only detain a person, by directions given under this section, for so long as is reasonably necessary to carry out general drug detection in relation to the person and any property in the possession of the person. (8) In this section— licensed premises means— (a) licensed premises within the meaning of the Liquor Licensing Act 1997, other than premises in respect of which only a restaurant licence or residential licence is in force; and (b) the premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates; public passenger carrier means a bus, tram, train, vessel or aircraft used for the purpose of carrying passengers for hire or reward; public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property; public venue means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship. 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. 52C—Report to Minister on issue of authorisations (1) The Commissioner of Police must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Attorney‑General specifying the following information in relation to the financial year ending on the preceding 30 June: (a) the number of authorisations granted by senior police officers under sections 52A and 52B during that financial year; (b) the public places or areas in relation to which those authorisations were granted; (c) the periods during which the authorisations applied; (d) the number of occasions on which a drug detection dog or electronic drug detection system indicated detection of the presence of a controlled drug, controlled precursor or controlled plant in the course of the exercise of powers under sections 52A and 52B. (2) The Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament. 52D—General provisions relating to exercise of powers (1) Nothing in this Part derogates from the power of a police officer to do anything pursuant to a general search warrant issued under the Summary Offences Act 1953. (2) An authorised officer may, in exercising powers under this Part, be assisted by such persons as the authorised officer considers necessary or desirable in the circumstances. (3) A person must not— (a) hinder or obstruct an authorised officer, or a person accompanying an authorised officer, in the exercise of the powers conferred by this Part; or (b) refuse or fail to comply with a requirement made of the person, or a direction given to the person, pursuant to section 52, 52A or 52B. (4) In any proceedings, an apparently genuine document purporting to be a certificate signed by the Commissioner of Police (or a delegate of the Commissioner of Police), and certifying that— (a) a particular public place was subject to an authorisation properly granted by a senior police officer in accordance with section 52A(3) during a period specified in the certificate; or (b) a particular area was subject to an authorisation properly granted by a senior police officer in accordance with section 52B(1) during a period specified in the certificate; or (c) a dog used during a specified period to carry out general drug detection within a specified area, or at a specified place, was a drug detection dog; or (d) a device or system used during a specified period to carry out general drug detection within a specified area, or at a specified place, was an electronic drug detection system, constitutes proof, in the absence of proof to the contrary, of the matters so certified. (5) For the avoidance of doubt, an indication— (a) by a drug detection dog that the dog has detected the presence of a controlled drug, controlled precursor or controlled plant; or (b) by an electronic drug detection system that the system has detected the presence of a controlled drug, controlled precursor or controlled plant, constitutes reasonable grounds to suspect that a controlled drug, controlled precursor or controlled plant is present. 52E—Seized property and forfeiture (1) Subject to this section, seized property must be held pending proceedings for an offence against this Act relating to the property. (2) If seized property— (a) is a controlled drug, controlled plant, controlled precursor or a poison; or (b) is, in the opinion of the Commissioner of Police, likely to constitute a danger if stored pending proceedings for an offence against this Act relating to the property; or (c) is prescribed equipment for the purposes of section 33LA that is, or may at some stage have been, capable of being used for hydroponic cannabis cultivation, the Commissioner of Police may direct that the property be destroyed, whether or not a person has been or is to be charged with an offence in relation to it. (3) Property referred to in subsection (2) may be destroyed at the place at which it was seized or at any other suitable place. (4) If a charge is laid, or is to be laid, for an offence in relation to property referred to in subsection (2)(a) or (b)— (a) samples of the property that provide a true representation of the nature of the property must be taken and kept for evidentiary purposes; and (b) the defendant is entitled to have a portion of the sample analysed by an analyst (see section 53); and (c) the defendant must be given written notice of that entitlement. (5) Possession of samples taken under this section must remain at all times within the control of the Commissioner of Police or his or her nominee. (6) The regulations may make provision relating to the taking of samples of seized property and analysis of those samples. (6a) If a person is convicted of an offence in relation to property destroyed in accordance with subsection (2), the court may order the convicted person to pay the reasonable costs of destruction to the Commissioner of Police (including, without limitation, the costs of the Commissioner of Police, or a person acting at the direction of the Commissioner of Police, collecting, transporting and dismantling the property as may reasonably be required for the purposes of destroying the property) provided that such costs may not exceed the maximum amount (if any) prescribed by the regulations. (7) If the Magistrates Court on application by an authorised officer, or any court hearing proceedings under this Act, finds that seized property— (a) was the subject of an offence against this Act; or (b) consists of equipment, devices, substances, documents or records acquired, used or intended for use for, or in connection with, the manufacture, or the smoking, consumption or administration, of a controlled drug or the cultivation of a controlled plant, the court may, by order, forfeit the property to the Crown. (8) Property that is the subject of an order for forfeiture under this section may be sold, destroyed or otherwise disposed of as the Commissioner of Police directs. (9) Subject to subsections (10) and (11), if seized property has not been forfeited to the Crown in proceedings under this Act commenced within the prescribed period after its seizure, a person from whose lawful possession the property was seized, or a person with legal title to it, is entitled to recover from the Commissioner of Police (if necessary, by action in a court of competent jurisdiction) the property itself, or if it has been damaged or destroyed or has deteriorated, compensation of an amount equal to its market value at the time of its seizure. (10) Subsection (9) does not apply to property that has been destroyed under subsection (2) if the property— (a) was the subject of an offence against this Act; or (b) consists of equipment, devices, substances, documents or records acquired, used or intended for use for, or in connection with, the manufacture, or the smoking, consumption or administration, of a controlled drug or the cultivation of a controlled plant. (11) Despite subsection (9), a court hearing proceedings under that subsection in relation to property that has not been destroyed under subsection (2) may, if it thinks fit, make an order under subsection (7) for forfeiture of the property to the Crown. (12) Nothing in this section affects the operation of the Criminal Assets Confiscation Act 2005. (13) In this section— prescribed period means two years or such longer period as the Magistrates Court may, on application by an authorised officer, allow; seized property means anything— (a) seized under this Act; or (b) seized otherwise than under this Act that is evidence of an offence against this Act. 53—Analysis (1) An authorised officer may cause any substance seized or taken pursuant to this Part to be analysed by, or under the supervision of, an analyst. (1a) An analysis under this section may include a determination as to the weight, amount or quantity of any substance (and such determination must comply with any requirements prescribed by regulation). (2) Any person may, for the purposes of ascertaining whether a substance is, or is not, a particular poison, prescription drug, drug of dependence, controlled drug, controlled precursor, controlled plant or medicine, or for any other evidentiary purpose, cause the substance to be analysed by, or under the supervision of, an analyst. (3) A person who initiates an analysis pursuant to subsection (2) must do so in the prescribed manner and on payment of the prescribed fee. (4) An analyst must, on the completion of an analysis pursuant to this section, certify in the prescribed form the results of the analysis, and— (a) in the case of an analysis initiated by an authorised officer who is a police officer—must forward the certificate to the Commissioner of Police; or (b) in the case of an analysis initiated by any other authorised officer—must forward the certificate to the Department; or (c) in any other case—must forward the certificate to the person who initiated the analysis.