43KSearch of persons or vehicles for explosives

### 43K Search of persons or vehicles for explosives > [*\[Section 43K Inserted by No. 32 of 2025, s. 8, Applied:23 Dec 2025\]*](/view/html/inforce/2025-12-23/act-2025-032#GS8@EN) > > > (1)  A police officer may take any of the actions specified in [subsection (2)](#GS43K@Gs2@EN) , 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)](#GS43K@Gs1@EN) : > > > > > > (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)](#GS43K@Gs1@EN) 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 – > > > > > > (a) in the possession of a person in any place on the premises; or > > > > > > > (b) on or in a conveyance in any place on the premises; or > > > > > > > (c) on an animal in any place on the premises.