sec.30Prescribed circumstances for searching persons without warrant

### sec.30 Prescribed circumstances for searching persons without warrant The prescribed circumstances for searching a person without a warrant are as follows— the person has something that may be— a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; the person has something the person intends to use to cause self harm or harm to someone else; the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; the person has committed, is committing, or is about to commit— an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or an offence that may threaten the security or management of a prison or the security of a prisoner; the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer. For subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. s 30 amd 2000 No. 63 s 276 sch 2 ; 2002 No. 6 s 38 ; 2002 No. 58 s 398 sch 2 ; 2006 No. 26 s 5 ; 2006 No. 29 s 507 ; 2007 No. 1 s 12 ; 2008 No. 30 s 45 ; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 62 ss 288 , 310 ; 2018 No. 23 s 36 ; 2019 No. 35 s 3 ; 2021 No. 9 s 5 ; 2023 No. 4 s 3 ; 2023 No. 26 s 25 ; 2024 No. 24 s 57 sch 1 pt 2; 2024 No. 45 s 27 ; 2025 No. 11 s 6; 2026 No. 4 s 19 (sec.30-ssec.1) The prescribed circumstances for searching a person without a warrant are as follows— the person has something that may be— a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; the person has something the person intends to use to cause self harm or harm to someone else; the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; the person has committed, is committing, or is about to commit— an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or an offence that may threaten the security or management of a prison or the security of a prisoner; the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer. (sec.30-ssec.2) For subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. - (a) the person has something that may be— (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or (ii) an unlawful dangerous drug; or (iii) stolen property; or (iv) unlawfully obtained property; or (v) tainted property; or (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; - (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or - (ii) an unlawful dangerous drug; or - (iii) stolen property; or - (iv) unlawfully obtained property; or - (v) tainted property; or - (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or - (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or - (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or - (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; - (b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— (i) because of the person’s mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; - (i) because of the person’s mental and physical fitness; or - (ii) because a domestic violence order has been made against the person; or - (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; - (c) the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; - (d) the person has something the person intends to use to cause self harm or harm to someone else; - (e) the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; - (f) the person has committed, is committing, or is about to commit— (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or (iii) an offence that may threaten the security or management of a prison or the security of a prisoner; - (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or - (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or - (iii) an offence that may threaten the security or management of a prison or the security of a prisoner; - (g) the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; - (h) the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; - (ha) the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; - (i) the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; - (j) the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; - (k) the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; - (l) the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer. - (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or - (ii) an unlawful dangerous drug; or - (iii) stolen property; or - (iv) unlawfully obtained property; or - (v) tainted property; or - (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or - (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or - (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or - (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; - (i) because of the person’s mental and physical fitness; or - (ii) because a domestic violence order has been made against the person; or - (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; - (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or - (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or - (iii) an offence that may threaten the security or management of a prison or the security of a prisoner; - (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock - (b) stops a person from entering or leaving a place of business; or - (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.