QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8NPower to search a person without a warrant
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### sec.8N Power to search a person without a warrant
This section applies to a person—
who is in the declared area for a terrorist emergency; or
who is about to enter the declared area for a terrorist emergency; or
who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.
A terrorist emergency officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the terrorist emergency.
laptop, mobile phone
The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects—
the thing may provide evidence of the commission of an offence; or
the person may use the thing to cause harm to the person or someone else.
The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.
Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .
A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .
s 8N ins 2007 No. 34 s 12
amd 2016 No. 42 s 42 ; 2017 No. 30 s 36
(sec.8N-ssec.1) This section applies to a person— who is in the declared area for a terrorist emergency; or who is about to enter the declared area for a terrorist emergency; or who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.
(sec.8N-ssec.2) A terrorist emergency officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the terrorist emergency. laptop, mobile phone
(sec.8N-ssec.3) The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects— the thing may provide evidence of the commission of an offence; or the person may use the thing to cause harm to the person or someone else.
(sec.8N-ssec.4) The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.
(sec.8N-ssec.5) Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .
(sec.8N-ssec.6) A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .
- (a) who is in the declared area for a terrorist emergency; or
- (b) who is about to enter the declared area for a terrorist emergency; or
- (c) who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.
- (a) the thing may provide evidence of the commission of an offence; or
- (b) the person may use the thing to cause harm to the person or someone else.