sec.32Prescribed circumstances for searching vehicle without warrant

### sec.32 Prescribed circumstances for searching vehicle without warrant It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— may be a weapon, knife or explosive a 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 may be an antique firearm that a person possesses and the person is not a fit and proper person to possess 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; or may be an unlawful dangerous drug; or may be stolen property; or may be unlawfully obtained property; or 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; or may be evidence of the commission of an offence against any of the following— the Racing Act 2002 the Racing Integrity Act 2016 the Corrective Services Act 2006 , section 128 , 129 or 132 the Nature Conservation Act 1992 ; or may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or may be tainted property; or may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or may be 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 may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or may be something the person intends to use to cause self harm or harm to someone else; or may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. Also, the following are prescribed circumstances for searching a vehicle without a warrant— the driver or a passenger in the vehicle has committed, or is committing, an offence against— the Summary Offences Act 2005 , section 10C ; or the Criminal Code , section 52D or 52DA ; the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. For subsection (1) (p) , 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 32 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 39; 2006 No. 26 s 6; 2006 No. 29 s 509; 2007 No. 1 s 13; 2013 No. 45 s 55; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 48 s 8 ; 2016 No. 62 ss 290 , 311 ; 2018 No. 23 s 37 ; 2019 No. 35 s 4 ; 2023 No. 26 s 26 ; 2024 No. 24 s 57 sch 1 pt 2; 2026 No. 4 s 20 (sec.32-ssec.1) It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— may be a weapon, knife or explosive a 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 may be an antique firearm that a person possesses and the person is not a fit and proper person to possess 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; or may be an unlawful dangerous drug; or may be stolen property; or may be unlawfully obtained property; or 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; or may be evidence of the commission of an offence against any of the following— the Racing Act 2002 the Racing Integrity Act 2016 the Corrective Services Act 2006 , section 128 , 129 or 132 the Nature Conservation Act 1992 ; or may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or may be tainted property; or may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or may be 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 may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or may be something the person intends to use to cause self harm or harm to someone else; or may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. (sec.32-ssec.2) Also, the following are prescribed circumstances for searching a vehicle without a warrant— the driver or a passenger in the vehicle has committed, or is committing, an offence against— the Summary Offences Act 2005 , section 10C ; or the Criminal Code , section 52D or 52DA ; the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. (sec.32-ssec.3) For subsection (1) (p) , 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) may be a weapon, knife or explosive a 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 - (b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess 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; or - (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; or - (c) may be an unlawful dangerous drug; or - (d) may be stolen property; or - (e) may be unlawfully obtained property; or - (f) 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; or - (g) may be evidence of the commission of an offence against any of the following— • the Racing Act 2002 • the Racing Integrity Act 2016 • the Corrective Services Act 2006 , section 128 , 129 or 132 • the Nature Conservation Act 1992 ; or - • the Racing Act 2002 - • the Racing Integrity Act 2016 - • the Corrective Services Act 2006 , section 128 , 129 or 132 - • the Nature Conservation Act 1992 ; or - (h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or - (i) may be tainted property; or - (j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or - (k) may be 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 - (l) may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or - (m) may be something the person intends to use to cause self harm or harm to someone else; or - (n) may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or - (o) may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or - (p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. - (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; or - • the Racing Act 2002 - • the Racing Integrity Act 2016 - • the Corrective Services Act 2006 , section 128 , 129 or 132 - • the Nature Conservation Act 1992 ; or - (a) the driver or a passenger in the vehicle has committed, or is committing, an offence against— (i) the Summary Offences Act 2005 , section 10C ; or (ii) the Criminal Code , section 52D or 52DA ; - (i) the Summary Offences Act 2005 , section 10C ; or - (ii) the Criminal Code , section 52D or 52DA ; - (b) the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. - (i) the Summary Offences Act 2005 , section 10C ; or - (ii) the Criminal Code , section 52D or 52DA ; - (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.