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Misuse of Drugs Act 1990
19YSpecial powers to stop, detain, search and seize in relation to
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19Y Special powers to stop, detain, search and seize in relation to
vehicles and people
(1) A police officer may:
(a) direct the driver of a vehicle in a drug detection area to stop
the vehicle, whether at a drug detection point established
under section 19Z or some other place; and
(b) detain the vehicle and carry out general drug detection in
relation to the vehicle and any person or property in or on the
vehicle; and
(c) inspect or search the vehicle, and do the following:
(i) direct the driver or another person to open any part of
the vehicle or any cupboard, drawer, chest, trunk, box,
package or other receptacle found in the vehicle;
(ii) use the reasonable force necessary to open any part of
the vehicle or any cupboard, drawer, chest, trunk, box,
package or other receptacle found in the vehicle; and
(d) enter the vehicle, using the reasonable force necessary; and
Misuse of Drugs Act 1990 59
(e) detain or search a person:
(i) who was in the vehicle when it was detained; or
(ii) who the police officer reasonably believes has recently
left the vehicle; and
(f) seize any item or thing that the officer reasonably believes is
connected with any offence against this Act; and
(g) give any other directions that are reasonably necessary for, or
incidental to, the effective exercise of powers under this
section.
(2) Section 11R(4) and (5) apply in relation to a search carried out
under this section.
(3) If a police officer, under subsection (1)(e), detains a person who is
or was in a vehicle, the person may be detained only for as long as
is reasonably necessary for the police officer to carry out general
drug detection in relation to, and searches of, the vehicle and any
person or property in or on the vehicle.
(4) A person to whom a direction is given under subsection (1)(a)
commits an offence if:
(b) the conduct results in a contravention of the direction and the
person is reckless in relation to the result.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(5) A person who is detained by a police officer under subsection (1)(e)
and directed by the officer to inform the officer of the person's
name, address and date of birth commits an offence if:
(b) the conduct results in a contravention of the direction and the
person is reckless in relation to the result.
Misuse of Drugs Act 1990 60
(6) In this section:
driver, see section 3(1) of the Traffic Act 1987.
Note for section 19Y
Additional powers are conferred under Part VII, Division 2A of the Police
Administration Act 1978 on a police officer in relation to stopping, detaining,
searching and seizing if the police officer has reasonable grounds to suspect the
presence of a dangerous drug or precursor.