Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3 - Stopping and searching conveyances  

SECTION 3T   Searches without warrant in emergency situations  

(1)    
This section applies if a constable suspects, on reasonable grounds, that:


(a) a thing relevant to an indictable offence is in or on a conveyance; and


(b) it is necessary to exercise a power under subsection (2) in order to prevent the thing 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 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 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.