116KDefinitions

116K Definitions approved member means a member of or above the rank of Senior Sergeant. designated scanning area, for a handheld scanner authority, means an area to which the authority applies, as specified in the authority. handheld scanner means a device that may be passed over or around a person or the person's belongings to detect metal. handheld scanner authority, see section 116KB(5). public place means a place the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise. public transport facility, see section 116KA. public transport vehicle means: (a) a bus being used for a route service, as defined in section 3 of the Public Transport (Passenger Safety) Act 2008; or (b) a ferry that is being used, under contract with the Territory, to carry prospective passengers along a specified route at specific times. school, see section 5 of the Education Act 2015. Police Administration Act 1978 75 use, a handheld scanner in relation to a person, means to pass the handheld scanner in close proximity to the person or the person's belongings. 116KA Meaning of public transport facility A public transport facility means: (a) a station, platform, wharf or other structure for the taking on and letting off of passengers of a public transport vehicle together with the following: (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform, wharf or structure; (ii) any other structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform, wharf or structure; (iii) landscaping associated with the station, platform, wharf or structure; or (b) a bus stop as defined in section 3 of the Public Transport (Passenger Safety) Act 2008. Example of a structure for paragraph (a) A jetty at which a public transport vehicle makes scheduled stops. 116KB Use of handheld scanner to be authorised (1) Subject to subsection (2), an approved member may, by issuing an authority, authorise the use of a handheld scanner: (a) in a designated scanning area; or (b) on public transport vehicles travelling on a public transport route and public transport facilities along the route. (2) The approved member must not issue an authority unless: (a) the approved member considers the use of handheld scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a firearm, controlled weapon or prohibited weapon in the affected place; and Police Administration Act 1978 76 (b) either: (i) any of the following happened in a public place in the affected place in the previous 6 months: (A) an offence was committed by a person armed with a firearm, controlled weapon or prohibited weapon; (B) a violent offence was committed; (C) more than one weapon possession offence was committed; or (ii) the approved member suspects, on reasonable grounds that an offence involving a firearm, controlled weapon or prohibited weapon is being, or is likely to be, committed in a public place or school in the affected place within the next 72 hours. (3) A designated scanning area must be no larger than the approved member considers is reasonably necessary to detect or deter the commission of an offence mentioned in subsection (2)(a) in the vicinity of the public place or school to which an authority relates. (4) An authority has effect for the period of time, not exceeding 72 hours, specified in the authority. (5) An authority issued under this section is a handheld scanner authority. affected place, in relation to a handheld scanner authority, means the designated scanning area or the public transport vehicles travelling on a public transport route and the public transport facilities along the route, for which an authority is proposed to be controlled weapon, see section 3 of the Weapons Control prohibited weapon, see section 3 of the Weapons Control violent offence, means an offence against the Criminal Code involving the use, or threatened use, of violence against a person, the maximum penalty for which is imprisonment for 7 years or more. Police Administration Act 1978 77 weapon possession offence means an offence against section 6(e), 7(1) or 7A of the Weapons Control Act 2001. 116KC Form and effect of handheld scanner authority A handheld scanner authority must be in writing and specify the (a) the day and time the authority starts; (b) the period of time, referred to in section 116KB(4), that the authority will be in effect; (c) the place for which the authority is issued, as follows: (i) for a designated scanning area – a description or map of the area; (ii) for a public transport route – a brief description of the route. Examples for paragraph (c)(ii) 1 Bus Route No. 4 (Darwin – Casuarina). 2 Bus Route No. 100-101 (Braitling and Ciccone). 3 Ferry operating between Cullen Bay and Mandorah. 116KD Authorised use of handheld scanner without warrant in designated scanning area (1) Subsections (2) to (7) apply if a handheld scanner authority is in effect for a designated scanning area. (2) Subject to subsection (6), a member may, without a warrant, require a person to stop and submit to the use of a handheld scanner in a public place in the designated scanning area, including: (a) in a public place at a public transport facility in the area; and (b) on board a public transport vehicle that is in the area. (3) If a member starts to exercise a power in relation to a person under this section while on board a public transport vehicle travelling in the designated scanning area, the member may continue to exercise the power in relation to the person if the vehicle travels out of the area. Police Administration Act 1978 78 (4) Subject to subsection (6), if a member has consent under subsection (5) to enter a school in the designed scanning area, the member may, without a warrant, require a person in the school to (5) The principal, or an employee authorised in writing by the principal, may give consent for members to enter the school to exercise the powers under this Division. (6) A member must not require a person who is in a private vehicle to (7) In this section: employee includes the following: (a) a public sector employee; (b) an employee of a school. principal, see section 5 of the Education Act 2015. 116KE Authorised use of handheld scanner without warrant on public transport route (1) Subsections (2) to (4) apply if a handheld scanner authority is in effect for a public transport route. (2) Subject to subsection (4), a member may, without a warrant, require a person to stop and submit to the use of a handheld scanner: (a) in a public place at a public transport facility along the route; or (b) on board a public transport vehicle while the vehicle is travelling on the route. (3) If a member starts to exercise a power in relation to a person under this section while on board a public transport vehicle travelling on the route, the member may continue to exercise the power in relation to the person if the vehicle travels onto another route. (4) A member must not require a person who is in a private vehicle to Police Administration Act 1978 79 116KF Requirements if handheld scanner indicates metal (1) If a member uses a handheld scanner in relation to a person under a handheld scanner authority and the scanner indicates that metal is, or is likely to be, present, the member may require the person: (a) to produce the thing that may be causing the handheld scanner to indicate the presence, or likely presence, of metal; and (b) to resubmit to the use of a handheld scanner. (2) To avoid doubt, a member may exercise a power under subsection (1) even if the member is on board a public transport vehicle that travels out of an area mentioned in section 116KD(2)(b) or 116KE(2)(b). See section 119AA, and section 19 of the Weapons Control Act 2001, for the power of a member, without warrant, to search a person. 116KG Seizing restricted weapons (1) Subsection (2) applies in relation to a restricted weapon that is produced by a person in compliance or purported compliance with a requirement under section 116KF. (2) If a member suspects on reasonable grounds that possession of the restricted weapon is unlawful, the member may seize the weapon and remove it from the place where it is seized. Note for subsection (2) See section 116KM for the powers of members in relation to seized restricted weapons. 116KH Safeguards for exercise of powers (1) This section applies to a member who exercises a power under a handheld scanner authority to require a person to stop and submit, or resubmit, to the use of a handheld scanner. (2) The member must exercise the power in the least invasive way that is practicable in the circumstances. (3) If reasonably practicable, the member must be of the same sex as the person. (4) The member may detain the person for so long as is reasonably necessary to exercise the power. Police Administration Act 1978 80 (5) The member must: (a) if requested by the person before or at any time during the exercise of the power – inform the person of the member's name, rank and place of duty; and (b) if requested by the person – give the information mentioned in paragraph (a) in writing; and (c) produce the member's identification for inspection by the person unless the member is in uniform; and (d) inform the person that the person is required to allow the member to use a handheld scanner to determine whether the person is carrying a restricted weapon. 116KI Offence of failure to comply with requirement (1) A person commits an offence if the person: (a) is required by a member under section 116KD, 116KE or 116KF: (i) to stop and submit to the use of a handheld scanner; or (ii) to produce a thing and resubmit to the use of a handheld scanner; and (b) fails to comply with the requirement. Maximum penalty: 8 penalty units. subsection (1) if the person has a reasonable excuse. (4) A prosecution for an offence against subsection (1) must not be commenced unless the member who gave the requirement: (a) complied with section 116KH(5); and (b) warned the person that failure to comply with the requirement is an offence; and (c) gave the person at least 2 opportunities to comply with the requirement, at least one of which was given after the warning mentioned in paragraph (b). Police Administration Act 1978 81 116KJ Member taken to have reasonable grounds to suspect unlawful possession of weapon If a person fails to comply with a requirement of a member under section 116KD, 116KE or 116KF without a reasonable excuse, the member is taken to have reasonable grounds to suspect that a restricted weapon, the possession of which is unlawful, is in the possession of the person. Note for section 116KJ See section 119AA, and section 19 of the Weapons Control Act 2001, for the power of a member, without warrant, to search a person on the basis of a suspicion mentioned in this section. 116KL Effect of Division on power to search person (1) The power conferred by this Division for a member to use a handheld scanner in relation to a person without a warrant does not confer power on a member to search a person without a warrant. (2) This Division does not limit or prevent the use of a handheld scanner by a member when exercising a power to search a person, whether with or without a warrant, that a member has under another Division of this Part or under any other Act. 116KM Destruction of restricted weapons (1) This section applies in relation to a restricted weapon that is seized from a person: (a) under section 116KG; or (b) under section 119AA, or section 19 of the Weapons Control Act 2001, during a search that occurs as a result of the person's failure to comply with a requirement of a member under section 116KD, 116KE or 116KF. (2) A member may destroy the restricted weapon if the member: (a) has reasonable grounds to suspect that possession of the weapon by the person was unlawful; and (b) considers that destruction of the weapon is necessary for public safety. (3) The destruction may occur at a police station or at any other place. Notes for section 116KM 1 Section 21 of the Weapons Control Act 2001 applies in relation to seized restricted weapons (other than firearms) that are not destroyed under subsection (2). Police Administration Act 1978 82 2 Section 99A(2) and (3) of the Firearms Act 1997 apply in relation to seized firearms that are not destroyed under subsection (2). 116KO Annual report on use of handheld scanners (1) The Commissioner must give an annual report to the Minister on the operation of this Division within 3 months after the end of each financial year. (2) The report must include the following information: (a) the number of handheld scanner authorities issued during the financial year to which the annual report relates; (b) the areas for which the authorities were issued. (3) The annual report must not include any information that identifies, or is likely to lead to the identification of, an individual. (4) If the annual report is not included in the annual report of the Agency, the Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.