sec.39HSafeguards for exercise of powers

### sec.39H Safeguards for exercise of powers This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner. The police officer must exercise the power in the least invasive way that is practicable in the circumstances. The police officer may detain the person for so long as is reasonably necessary to exercise the power. The police officer must— if requested by the person, inform the person of the police officer’s name, rank and station; and if requested by the person, provide the information mentioned in paragraph (a) in writing; and produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). See sections 29 and 30(1)(l) for the power to search a person without a warrant. Section 637 does not apply if a police officer stops or detains a person under this part. s 39H ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 amd 2024 No. 24 s 34 ; 2025 No. 11 s 15 (sec.39H-ssec.1) This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner. (sec.39H-ssec.2) The police officer must exercise the power in the least invasive way that is practicable in the circumstances. (sec.39H-ssec.3) The police officer may detain the person for so long as is reasonably necessary to exercise the power. (sec.39H-ssec.4) The police officer must— if requested by the person, inform the person of the police officer’s name, rank and station; and if requested by the person, provide the information mentioned in paragraph (a) in writing; and produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). See sections 29 and 30(1)(l) for the power to search a person without a warrant. (sec.39H-ssec.5) Section 637 does not apply if a police officer stops or detains a person under this part. - (a) if requested by the person, inform the person of the police officer’s name, rank and station; and - (b) if requested by the person, provide the information mentioned in paragraph (a) in writing; and - (c) produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and - (d) inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and - (e) inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). Note— See sections 29 and 30(1)(l) for the power to search a person without a warrant.