Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p13
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 29874–32503

without the authority of a search warrant because the circumstances are serious and urgent.

  "(2) The constable may:

  (a) stop and detain the conveyance; and

    (b) search the conveyance and any container in or on the conveyance, for the thing; and

  (c) seize the thing if he or she finds it there.

"(3) If, in the course of searching for the thing, the constable finds another thing relevant to an indictable offence or a thing relevant to a summary offence, the constable may seize that 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 constable must exercise his or her powers subject to section 3U.

How a constable exercises a power under section 3T

"3U. When a constable exercises a power under section 3T in relation to a conveyance, he or she:

  (a) may use such assistance as is necessary; and

    (b) must search the conveyance in a public place or in some other place to which members of the public have ready access; and

    (c) must not detain the conveyance for longer than is necessary and reasonable to search it and any container found in or on the conveyance; and

    (d) may use such force as is necessary and reasonable in the circumstances, but must not damage the conveyance or any container found in or on the conveyance by forcing open a part of the conveyance or container unless:

        (i) the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or container; or

        (ii) it is not possible to give that person such an opportunity.

"Division 4—Arrest and related matters

Requirement to furnish name etc.

"3V.(1) If a constable believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the constable may be able to assist the constable in inquiries in relation to an indictable offence that the constable has reason to believe has been or may have been committed, the constable may request the person to provide his or her name or address, or name and address, to the constable.

  "(2) If a constable:

  (a) makes a request of a person under subsection (1); and

  (b) informs the person of the reason for the request; and

  (c) complies with subsection (3) if the person makes a request under that subsection;

the person must not, without reasonable excuse:

  (d) refuse or fail to comply with the request; or