5Entry and search powers under dedicated encrypted criminal communication device prohibition orders

5 Entry and search powers under dedicated encrypted criminal communication device prohibition orders

5 Entry and search powers under dedicated encrypted criminal communication device prohibition orders

(1) If a dedicated encrypted criminal communication device prohibition order is in force against a person, a police officer may, without a warrant, do one or more of the following for the purpose of determining whether the person is in possession of a dedicated encrypted criminal communication device—

(a) stop, detain and search the person but not another person,

(b) enter and search the following premises (searchable premises)—

(i) premises at which the person resides,

(ii) premises the police officer reasonably suspects are owned by the person or under the direct control or management of the person,

(iii) premises the police officer reasonably suspects are being used by the person for an unlawful purpose,

(c) stop, detain and search a vehicle—

(i) being driven by or otherwise under the control or management of the person or occupied by the person, or

(ii) parked on an area that is part of, or provided for the use of, searchable premises, but not if the area is shared with another dwelling or other premises, or

(iii) parked on an area that is part of, or provided for the use of, searchable premises and that is shared with another dwelling or other premises, but only if the police officer reasonably suspects that the vehicle is being used by the person for an unlawful purpose,

(d) give a direction under section 6,

(e) use electronic equipment to inspect or search a computer identified during a search conducted under paragraph (a)–(c).

(2) The Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search carried out under this Act.

Note—

See that Act, section 32 and Part 15 for additional limitations on the exercise of the powers under this section.

(3) Despite subsection (2), a strip search of a person must not be carried out when exercising a power under this section unless it is authorised under the , Part 4, Division 4.