Document ID: chunk:federal_register_of_legislation:C2024C00742:section:545
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 545
Character Range: 1137336–1139362

545  Emergency entry, search and seizure
 (1) If an inspector has reasonable grounds to believe:
 (a) that a person is carrying anything that is connected with an offence against Part 21; and
 (b) that the exercise of the powers under this section is necessary to prevent the concealment, loss or destruction of a thing connected with a particular offence;
the inspector may:
 (c) search the person, the person's clothing and any property in the person's immediate control; and
 (d) seize any thing found in the course of the search;
so long as those powers 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 Division 3.
 (2) If an inspector has reasonable grounds to believe:
 (a) that there is on any land or on or in any premises, vessel, aircraft or vehicle any thing that is connected with a particular offence against Part 21; and
 (b) that the exercise of powers conferred under this section is necessary to prevent the concealment, loss or destruction of the thing;
the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:
 (c) enter the land, premises, vessel, aircraft or vehicle; and
 (d) search for the thing; and
 (e) seize any such thing found in the course of the search;
so long as those powers 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 Division 3.
 (3) If an inspector may enter a vessel, aircraft or vehicle under subsection (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph (2)(d) or (e), stop and detain the vessel, aircraft or vehicle.
 (4) A reference in this section to an offence against Part 21 includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.