43KSearch of persons or vehicles for explosives

43K Search of persons or vehicles for explosives

[Section 43K Inserted by No. 32 of 2025, s. 8, Applied:23 Dec 2025]

(1)  A police officer may take any of the actions specified in subsection (2) , in relation to a person, without warrant and using such force, means and assistance as is reasonably necessary, if the officer reasonably suspects that the person –

(a) is in possession of an explosive device or explosive substance without lawful and reasonable excuse; or

(b) has contravened a relevant offence.

(2)  The following are specified as actions that a police officer may take for the purposes of subsection (1) :

(a) detain and search a person, including –

(i) any clothing, accessory and shoes worn by the person; and

(ii) any item or article that the person has in their possession at the time at which the person is searched;

(b) stop and detain a vehicle in or on which a person is, or was, when the officer formed the reasonable suspicion, and enter and search the vehicle, including –

(i) a container found in or on the vehicle; and

(ii) an article or item found in or on the vehicle;

(c) break into or open any clothing, container, item or article found or seized in a search conducted under this subsection;

(d) seize any clothing, container, item or article, found during a search conducted under this subsection, that the police officer reasonably suspects is –

(i) an explosive device; or

(ii) an explosive substance; or

(iii) equipment or material used, or intended to be used, in connection with an explosive device or explosive substance.

(3)  Subsection (1) does not apply to private premises unless the police officer forms a reasonable suspicion, after having lawfully entered the premises, that an explosive device or explosive substance is –