49WSearch of premises, vehicles, aircraft or vessels without

49W Search of premises, vehicles, aircraft or vessels without warrant or consent the powers under subsections (2) and (4), if the exercise of the power is reasonably required to determine: (a) whether a person to whom a firearm prohibition order relates has acquired, possesses or is using a firearm or firearm related item in contravention of the order; or (b) whether a firearm or firearm related item is at a premises occupied by, in the care of or under the control or management of a person to whom a firearm prohibition order relates, including in any thing on the premises and including in

Firearms Act 1997 69 any vehicle, aircraft or vessel on the premises. (a) enter and search any premises occupied by, in the care of or under the control or management of the person, including any thing on the premises and including any vehicle, aircraft or vessel on the premises; (b) enter and search any vehicle, aircraft or vessel that is in the charge of the person, or in which the person is a passenger, wherever the vehicle, aircraft or vessel is located. (3) A police officer may enter or search premises, a vehicle, an aircraft or a vessel under this section with the assistance of any other police officer. (4) A police officer, for the purposes of an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, may do the (a) stop and detain the vehicle, aircraft or vessel being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item found on the premises, vehicle, aircraft or vessel. (5) Before a police officer commences an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, if the person to whom the order relates is present, the police officer must inform the person: (b) that the police officer intends to enter or search the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (6) If requested by another person present at premises, or in the vehicle, on the aircraft or on the vessel at any time before commencing or during a search under this section, the police officer must inform the person:

Firearms Act 1997 70 (b) that the police officer intends to enter or search, or is searching, the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (7) If it is not practicable to give the information under subsection (5) or (6) before commencing a search or during a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information after the search is finished. (8) Any action taken under this section is not unlawful only because of a failure to comply with subsection (5), (6) or (7).