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Police Administration Act 1978
119Urgent searches without warrant
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119 Urgent searches without warrant
(1) A member may, in circumstances of such seriousness and urgency
as to require and justify immediate search or entry without the
authority of an order of a court or of a warrant issued under this
Part, without warrant:
(a) search the person of, the clothing that is being worn by and
property in the immediate control of, a person suspected on
reasonable grounds by the member to be carrying anything
connected with an offence; or
(b) enter a place at which the member believes, on reasonable
grounds, that anything connected with an offence is situated
and search the place.
Police Administration Act 1978 86
(1A) A member who exercises a power under subsection (1) may seize
anything found in the course of the search if the member believes
on reasonable grounds it is necessary to do so because the thing:
(a) is connected with an offence; or
(b) may significantly increase the risk to the health or safety of a
particular person or the public.
(2) A member who believes on reasonable grounds that a person is
carrying a restricted weapon may, without warrant, search the
person for the weapon and seize any restricted weapon found on
the person.
(3) A member who believes on reasonable grounds that a restricted
weapon is being carried in an aircraft, ship, train or vehicle may,
without warrant, enter the aircraft, ship, train or vehicle and seize
any restricted weapon found in it.
(3A) The power of seizure under this section includes the power to:
(a) remove the thing that is seized from the place where it is
found; and
(b) guard the thing that is seized at the place where it is found.
(4) The powers given by this section are in addition to and do not
derogate from any other powers of a member.
119AA Search without warrant for explosive, restricted weapon or
ammunition
(1) This section applies if a member suspects on reasonable grounds
that an explosive, a restricted weapon or ammunition, the
possession of which is unlawful:
(a) is in the possession or control of a person in a public place; or
(b) is being carried in an aircraft, ship, train or vehicle; or
(c) is at any other place.
(2) The member may, without warrant:
(a) search the person, clothing worn by the person and property
in the person's immediate control; or
(b) enter the aircraft, ship, train, vehicle or other place and search
the place and any person found at the place, clothing worn by
the person and property in the person's immediate control.
Police Administration Act 1978 87
(3) The member may seize an explosive, a restricted weapon or
ammunition found during the search.
(4) The power of seizure under subsection (3) includes the power to:
(a) remove the thing that is seized from the place where it is
found; and
(b) guard the thing that is seized at the place where it is found.
(5) The powers given by this section are in addition to and do not
derogate from any other powers of a member.