Document ID: chunk:federal_register_of_legislation:C2004A00398:clause:3_10h
Version: federal_register_of_legislation:C2004A00398
Segment Type: clause
Provision Reference: sch 3 cl 10H
Character Range: 25398–26756

10H  Searches without warrant in emergency situations

 (1) This section applies if an authorized officer suspects, on reasonable grounds, that:
 (a) particular evidential material is in or on an aircraft, vehicle or ship; and
 (b) it is necessary to exercise a power under subsection (2) in order to prevent the evidential material being concealed, lost or destroyed; and
 (c) it is necessary to exercise the power without the authority of a warrant under section 10E because the circumstances are serious and urgent.

 (2) The authorized officer may:
 (a) stop and detain the aircraft, vehicle or ship; and
 (b) search the aircraft, vehicle or ship and any thing in or on the aircraft, vehicle or ship, for the evidential material; and
 (c) seize the evidential material if he or she finds it there.

 (3) If, in the course of searching for the evidential material, the authorized officer finds other evidential material, the authorized officer may seize that other evidential material 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 warrant under section 10E because the circumstances are serious and urgent.

 (4) The authorized officer must exercise his or her powers subject to section 10J.