Document ID: chunk:federal_register_of_legislation:C2021C00313:section:127
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 127
Character Range: 159027–160283

127  Searches without warrant in emergency situations
 (1) This section applies if a police officer suspects, on reasonable grounds, that:
 (a) evidential material is in or on a conveyance; and
 (b) it is necessary to exercise a power under subsection (2) in order to prevent the material from being concealed, lost or destroyed; and
 (c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.
 (2) The police officer may:
 (a) stop and detain the conveyance; and
 (b) search the conveyance, and any container in or on the conveyance, for the material; and
 (c) seize the material if he or she finds it there.
 (3) If, in the course of searching for the material, the police officer finds other evidential material or a thing relevant to an offence against an Australian law, the police officer may seize that material or thing if he or she suspects, on reasonable grounds, that:
 (a) it is necessary to seize it in order to prevent its concealment, loss or destruction; and
 (b) it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.
 (4) The police officer must exercise his or her powers subject to section 128.