TASIn ForceAct
Misuse of Drugs Act 2001
29Power to seize controlled substances, &c.
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### 29 Power to seize controlled substances, &c.
> > (1) In this section,
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> > > ***prescribed belief*** means a reasonable belief that a controlled substance or other thing in relation to which an offence under this Act has been committed is –
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> > > > > (a) [*\[Section 29 Subsection (1) amended by No. 77 of 2005, s. 8, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS8@Hpa@EN) in the possession of a person in any place; or
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> > > > > (b) [*\[Section 29 Subsection (1) amended by No. 77 of 2005, s. 8, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS8@Hpb@EN) on or in a conveyance in any place; or
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> > > > > (c) [*\[Section 29 Subsection (1) amended by No. 77 of 2005, s. 8, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS8@Hpc@EN) on an animal in any place.
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> > (2) A police officer who has a prescribed belief may, without warrant and with such assistance as the police officer reasonably considers necessary, take such one or more of the following actions as may be applicable in the circumstances:
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> > > > (a) search the relevant person and detain that person for the purpose of carrying out the search;
> > >
> > > > (b) search the relevant conveyance or animal and detain it for the purpose of carrying out the search;
> > >
> > > > (c) seize the relevant conveyance or animal;
> > >
> > > > (d) seize anything that may be evidence of an offence under this Act.
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> > (2A) [*\[Section 29 Subsection (2A) inserted by No. 77 of 2005, s. 8, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS8@Hpd@EN) However, [subsection (2)](#GS29@Gs2@EN) does not apply to private premises unless the police officer forms the prescribed belief only after having lawfully entered the premises.
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> > (3) The police officer, and any person assisting the police officer, may use such force as is necessary and reasonable in the circumstances.
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> > (4) A police officer who searches or is empowered to search a person pursuant to [subsection (2)](#GS29@Gs2@EN) or any other Act may arrest the person without warrant if the police officer reasonably believes that the person has committed an offence under this Act.
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> > (5) In this section, a reference to a search of a person includes a reference to any clothing worn by the person and anything that may be in the person's possession.