Div 5Metal detector searches etc at certain events and places

Division 5—Metal detector searches etc at certain events and places 66ZB—Power to conduct metal detector searches at certain events and places (1) This section applies to the following areas and vehicles: (a) licensed premises; (b) a declared place of worship; (c) a public place holding a declared public event; (d) a declared shopping precinct; (e) a declared public transport hub; (f) a car parking area specifically or primarily provided for the use of patrons and customers of an area referred to in a preceding paragraph; (g) a public transport vehicle providing a declared public transport service; (h) any other place prescribed by the regulations. (2) Subject to this Part, a police officer may, for the purpose of detecting the commission of an offence against Part 3A, carry out a search in relation to— (a) any person who is in, or is apparently attempting to enter or to leave, an area or vehicle to which this section applies; and (3) The following provisions apply to a search carried out under this section: (b) if the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches); (c) if the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about their person an object, possession of which constitutes an offence). (4) Nothing in this section authorises a police officer to carry out a search of a person, or property of a person, in their place of residence or in a hotel room, lodging room or any other place in which they are temporarily residing. 66ZC—Police officer to give notice before exercising powers under Division (1) Before the powers to search persons pursuant to a particular declaration under this Division are exercised, a police officer must, unless it is not reasonably practicable to do so in the circumstances, notify the prescribed person or persons in respect of the relevant place or public transport vehicle of— (a) the terms of the declaration (including the period during which the declaration is in force); and (b) the intention to search persons pursuant to the declaration during specified times, or during a specified period. (2) To avoid doubt, a police officer need only notify the prescribed person or persons once in relation to each declaration. (3) However, a failure to comply with subsection (1) does not, of itself, invalidate the exercise or purported exercise of a power under this Division. prescribed person, in respect of a place or public transport vehicle, means— (a) in the case of licensed premises—the licensee or a responsible person for the licensed premises under the Liquor Licensing Act 1997; or (b) in the case of a declared public event—the organiser of the event; or (c) in the case of a declared shopping precinct—the person or persons prescribed by the regulations in respect of a shopping precinct of the relevant kind; or (d) in the case of a declared public transport hub or declared public transport service—the person or persons prescribed by the regulations in respect of a hub or service of the relevant kind; or (e) in any other case—the person or persons prescribed by the regulations. 66ZD—Declaration of place of worship (1) The Commissioner may, by notice in the Gazette, declare a place of worship to be a declared place of worship for the purposes of this Division. (a) be satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the place of worship; and (i) is likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the place of worship; and (ii) will not unduly affect lawful activity in the place of worship; and (c) in the case of a place of worship that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons. (a) must specify the area that comprises the declared place of worship (which may, to avoid doubt, include specified premises); and (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)). (5) The Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website. 66ZE—Declaration of public events (1) The Commissioner may, by notice in the Gazette, declare a community, cultural, arts, entertainment, recreational, sporting or other similar event to be a declared public event for the purposes of this Division. (2) A declaration under this section— (a) must specify the public event and any public place to which the declaration relates; and (b) must specify the period during which the declaration is in force (being a period commencing no earlier than the start of the day on which the event starts and ending no later than the end of the day on which the event ends); and (c) may be subject to conditions specified in the notice; and (d) must comply with any other requirements set out in the regulations. (3) The Commissioner must cause a copy of any declaration under this section to be published on the Commissioner's website before the commencement of the period during which the declaration will operate. 66ZF—Declaration of shopping precincts (1) The Commissioner may, by notice in the Gazette, declare a specified area to be a declared shopping precinct for the purposes of this Division. (a) be satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the shopping precinct; and (i) is likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the shopping precinct; and (ii) will not unduly affect lawful activity in the shopping precinct; and (c) in the case of a shopping precinct that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons. (a) must specify the area that comprises the declared shopping precinct (which may, to avoid doubt, include specified premises); and (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)). (5) The Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website. 66ZG—Declaration of public transport hubs (1) The Commissioner may, by notice in the Gazette, declare a specified place to be a declared public transport hub for the purposes of this Division. (a) be satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the public transport hub; and (i) is likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the public transport hub; and (ii) will not unduly affect lawful activity in the public transport hub; and (c) in the case of a public transport hub that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons. (a) must specify the area that comprises the declared public transport hub (which may, to avoid doubt, include specified premises or structures); and (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)). (5) The Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website. 66ZH—Declaration of public transport services (1) The Commissioner may, by notice in the Gazette, declare a specified public transport service to be a declared public transport service for the purposes of this Division. (2) Before making a declaration under this section, the Commissioner must be satisfied that— (a) the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons on public transport vehicles providing the public transport service; and (b) the exercise of powers under section 66ZB— (i) is likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons on public transport vehicles providing the public transport service; and (ii) will not unduly affect lawful activity on public transport vehicles providing the public transport service. (a) must set out sufficient details (such as route numbers or route names) to enable persons using public transport services to identify the declared public transport service; and (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)). (5) The Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website.