42Power to search vessels and aircraft and seize things without warrant

#### 42 Power to search vessels and aircraft and seize things without warrant 42 Power to search vessels and aircraft and seize things without warrant (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), ss 357, 357D, 357E) > > (1) A police officer may, without a warrant, stop, search and detain a vessel or an aircraft if the police officer suspects on reasonable grounds that any of the following circumstances exists— > > > > > (a) the vessel or aircraft contains, or a person in the vessel or aircraft has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained, > > > > > (b) the vessel or aircraft is being or was used in or in connection with the commission of a relevant offence, > > > > > (c) the vessel or aircraft contains anything used or intended to be used in or in connection with the commission of a relevant offence, > > > > > (d) the vessel or aircraft is in a public place and contains a dangerous article that is being or was used in or in connection with the commission of a relevant offence. > > > (2) A police officer may seize and detain— > > > > > (a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and > > > > > (b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and > > > > > (c) any dangerous article, and > > > > > (d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), > > > > found as a result of a search under this section. > > > (3) The following offences are relevant offences for the purposes of this section— > > > > > (a) indictable offences, > > > > > (b) an offence against section 93FB of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (c) an offence against the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), or a regulation made under either of those Acts. > > **s 42:** Am 2009 No 27, Sch 1.8 \[1\].