Part 14CSearches of persons to prevent and detect certain offences

Part 14C—Searches of persons to prevent and detect certain offences Division 1—Preliminary 66W—Interpretation declared public event means an event that is the subject of a declaration under section 66ZE that is in force; declared public transport service means a public transport service that is the subject of a declaration under section 66ZH that is in force; declared public transport hub means a public transport hub that is the subject of a declaration under section 66ZG that is in force; declared shopping precinct means a shopping precinct that is the subject of a declaration under section 66ZF that is in force; licensed premises means— (a) licensed premises within the meaning of the Liquor Licensing Act 1997 (other than premises, or premises of a class, declared by the regulations to be excluded from the ambit of this paragraph); (b) the premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates; (c) premises subject to a licence, or licence of a class, prescribed by the regulations; metal detector search means a search conducted— (a) using only a metal detector of a kind approved by the Commissioner; and (b) in accordance with any directions issued by the Commissioner; public transport hub means a public place consisting of or including the following: (a) a station, platform or other structure for the taking on and letting off of passengers of public transport vehicles; (b) car parks and set-down facilities for passengers of public transport vehicles that make scheduled stops at such stations, platforms or structures; (c) a structure or facility for the use or convenience of passengers of public transport vehicles that make scheduled stops at such stations, platforms or structures; (d) any other public place in the immediate vicinity of a place or thing referred to in a preceding paragraph; public transport vehicle means— (a) a train; or (b) a tram; or (c) a bus; retail shopping centre has the same meaning as in the Retail and Commercial Leases Act 1995; shopping precinct means an area (however described) consisting of or including a retail shopping centre, a shopping mall or other area where retail shops are aggregated or concentrated and includes any— (a) car parks and set-down facilities for persons shopping in the area; (b) structures or facilities for the use or convenience of persons shopping in the area; (c) any other public place in the immediate vicinity of the area. 66X—Application of Part (1) Nothing in this Part limits any other search powers a police officer may have under this or any other Act or law. (2) To avoid doubt, the powers conferred under this Part may be exercised in relation to a minor. Division 2—Special search powers to prevent serious violence 66Y—Special search powers to prevent serious violence (1) A police officer of or above the rank of Superintendent may authorise the exercise of powers under this section in relation to a specified area if there are reasonable grounds to believe— (a) that an incident of serious violence involving a group or groups of people may take place in the area; and (b) that the exercise of such powers is reasonably necessary to prevent the incident. (2) An authorisation under this section, or a variation or revocation of an authorisation— (a) must be granted in accordance with guidelines (if any) issued by the Commissioner; and (b) must be by instrument in writing unless the police officer granting, varying or revoking the authorisation is satisfied that circumstances of urgency exist (in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable); and (c) must specify the area to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and (d) must specify the grounds for granting the authorisation; and (e) must specify a period of not more than 24 hours during which the authorisation operates; and (f) may be subject to conditions specified by the police officer granting the authorisation. (3) The period during which an authorisation under this section operates may, in the case of an area that was previously the subject of such an authorisation, only commence within 48 hours of the previous authorisation ceasing to operate with the consent of the Commissioner (which may only be given if the Commissioner is satisfied that it is in the public interest to do so). (4) A police officer may, for the purpose of locating weapons and other articles in an area that is the subject of an authorisation under this section, carry out a search (which may, but need not, be a metal detector search) of— (a) any person who is in, or is apparently attempting to enter or to leave, the area; and Division 3—Metal detector searches etc for prevention and deterrence of violence or disorder in public places 66Z—Power to conduct metal detector searches to prevent violence or disorder in certain public places (1) The Commissioner may authorise the exercise of powers under this section in relation to a specified public place if there are reasonable grounds to believe— (a) that an incident of violence or disorder may take place in the area; and (b) that the exercise of such powers is reasonably necessary to prevent the incident. (2) An authorisation under this section, or a variation or revocation of an authorisation— (a) must be granted in accordance with guidelines (if any) issued by the Commissioner; and (b) must be by instrument in writing unless the Commissioner is satisfied that circumstances of urgency exist (in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable); and (c) must specify the public place to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and (d) must specify the grounds for granting the authorisation; and (e) must specify a period of not more than 6 hours during which the authorisation operates; and (f) may be subject to conditions specified by the police officer granting the authorisation. (3) For the purposes of detecting the commission of an offence against Part 3A, a police officer may, in a public place that is the subject of an authorisation under this section, conduct a search of— (a) any person who is in, or is apparently attempting to enter or to leave the public place; and (4) The following provisions apply to a search carried out in accordance with 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). (5) To avoid doubt, a reference in this section to a public place includes a reference to a place of worship.