S. 5B inserted by No. 47/2000 s. 6. 5B Recording sales of prohibited weapons (1) A person who sells a prohibited weapon must keep a record of the sale in accordance with this section. 20 penalty units. (2) A record under this section— (a) must be in the form, and contain the information, prescribed by the regulations; and (b) must be kept for a period of 3 years after the sale to which it relates. S. 5B(3) amended by No. 37/2014 s. 10(Sch. item 28.2). (3) A police officer, at any reasonable time, may require a person to produce for inspection a record kept under this section. 6 Control of controlled weapons S. 6(1) amended by Nos 47/2000 s. 7(1)(a), 1/2007 s. 4. (1) A person must not possess, carry or use a controlled weapon without lawful excuse. 120 penalty units or imprisonment for 1 year. S. 6(1AA) inserted by No. 42/2010 s. 6. (1AA) A child must not purchase a controlled weapon. 12 penalty units. S. 6(1AB) inserted by No. 42/2010 s. 6. (1AB) A person must not sell a controlled weapon to another person knowing that the other person is a child. 20 penalty units. S. 6(1AC) inserted by No. 20/2015 s. 8. (1AC) For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.
protective services officer referred to in section 10AA(4)(b). S. 10B inserted by No. 9/2003 s. 6. 10B Chief Commissioner to report on searches without warrant The Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— S. 10B(a) amended by No. 43/2011 s. 12. (a) the number of searches without warrant under section 10 or 10AA conducted during that financial year; and S. 10B(ab) inserted by No. 92/2009 s. 11. (ab) the number of strip searches conducted under section 10G during that financial year; and S. 10B(ac) inserted by No. 42/2010 s. 11(1). (ac) the number of strip searches conducted under section 10G during that financial year in any area in respect of which a declaration under section 10D was in effect at the time of the search; and S. 10B(ad) inserted by No. 42/2010 s. 11(1). (ad) the number of strip searches conducted under section 10G during that financial year in any area in respect of which a declaration under section 10E was in effect at the time of the search; and S. 10B(b) amended by No. 42/2010 s. 11(2). (b) the number and type of weapons and dangerous articles found during the course of searches referred to in paragraphs (a) and (ab); and S. 10B(ba) inserted by No. 42/2010 s. 11(3). (ba) the number of persons who were— (i) the subject of a strip search referred to in paragraph (ab); and
(b) for each declaration reported under paragraph (a), information about whether a power under section 10KA was exercised in relation to the designated area that was the subject of the declaration. S. 10L inserted by No. 92/2009 s. 12, amended by No. 32/2017 s. 7 (ILA s. 39B(1)). 10L Offence to obstruct or hinder search or other powers or fail to comply with direction (1) A person must not, without reasonable excuse— S. 10L(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.14). (a) obstruct or hinder a police officer in the exercise of a power under section 10, 10G, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing; or S. 10L(1)(b) amended by Nos 42/2010 s. 21(3), 37/2014 s. 10(Sch. item 28.14). (b) fail to comply with a direction given by a police officer under clause 7(2) of Schedule 1. 2 penalty units. S. 10L(2) inserted by No. 32/2017 s. 7. (2) A person must not, without reasonable excuse, fail to comply with a direction given by a police officer under section 10KA(1) or (2). Penalty: 5 penalty units. S. 10L(3) inserted by No. 45/2017 s. 11. (3) A person must not, without reasonable excuse, obstruct or hinder a protective services officer in the exercise of a power under section 10AA, 10GA, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing.
Sch. 1 cl. 6(3) amended by No. 37/2014 s. 10(Sch. item 28.18(b)). (3) The police officer must ask for the person's cooperation. Sch. 1 cl. 6(4) amended by No. 37/2014 s. 10(Sch. item 28.18(b)). (4) The police officer must conduct the search— (a) in a way that provides reasonable privacy for the person searched; and (b) as quickly as is reasonably practicable. Sch. 1 cl. 6(5) amended by No. 37/2014 s. 10(Sch. item 28.18(b)). (5) The police officer must conduct the least invasive kind of search that is reasonably necessary in the circumstances. Sch. 1 cl. 6(6) amended by No. 37/2014 s. 10(Sch. item 28.18(c)). (6) A search that involves running hands over the outer clothing of a person must, if reasonably practicable, be conducted by a police officer who is of the same sex as the person being searched. 7 Strip searches Sch. 1 cl. 7(1) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(i)). (1) A police officer is authorised to conduct a strip search of a person if— (a) a search of the person or a thing in the possession or under the control of the person has been conducted under clause 4 or 5; and Sch. 1 cl. 7(1)(b) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(ii)). (b) the police officer reasonably suspects that the person has a weapon concealed on his or her person; and Sch. 1 cl. 7(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(ii)). (c) the police officer believes on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and that the seriousness and urgency of the circumstances require the strip search to be carried out.