Document ID: chunk:federal_register_of_legislation:C2024C00640:section:31:p2
Version: federal_register_of_legislation:C2024C00640
Segment Type: section
Provision Reference: s 31 (pt 2/3)
Character Range: 78393–80819

person may exercise the powers set out in subsection (1) of this section and section 32 in relation to land or premises or a vehicle, ship or aircraft if the person believes on reasonable grounds that:
 (a) there is situated upon the land, or upon or in the premises, vehicle, ship or aircraft, any article or thing that may afford evidence of a contravention of a civil penalty provision or an offence against this Act; and
 (b) the exercise of those powers is necessary to prevent the concealment, loss or destruction of the article or thing.
 (7) However, subsection (6) does not apply unless the powers set out in subsection (1) of this section and section 32 are exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under subsection (4) of this section.

Stopping and detaining vehicles, ships or aircraft
 (8) If an authorised person may enter a vehicle, ship or aircraft under subsection (1), the person may stop and detain the vehicle, ship or aircraft:
 (a) for that purpose; and
 (b) for the purpose of exercising a power under paragraph (1)(c), (d), (e), (f), (g) or (h); and
 (c) if the person may enter the vehicle, ship or aircraft in accordance with a warrant in force under subsection (4) or in accordance with subsection (6)—for the purpose of exercising a power under section 32.

Availability of assistance and use of force
 (9) An authorised person may obtain such assistance as is necessary and reasonable in the circumstances in:
 (a) exercising a power under subsection (1) with the consent of the occupier of the land or premises, or the person in charge of the vehicle, ship or aircraft; or
 (b) exercising a power under subsection (8) because of the person being able to enter the vehicle, ship or aircraft with such consent.
 (10) An authorised person may obtain such assistance, and use such force against persons and things, as is necessary and reasonable in the circumstances in:
 (a) exercising a power under subsection (1) in accordance with a warrant in force under subsection (4) or in accordance with subsection (6); or
 (b) exercising a power under subsection (8) because of the person being able to enter the vehicle, ship or aircraft in accordance with a warrant in force under subsection (4) or in accordance with subsection (6); or
 (c) exercising a power under section 32.