Division 2Division 2 Use of drug detection dogs
145 Meaning of “general drug detection”
(cf Police Powers (Drug Detection Dogs) Act 2001, s 5)
For the purposes of this Division:general drug detection is the detection of prohibited drugs or plants in the possession or control of a person, except during a search of a person that is carried out after a police officer reasonably suspects that the person is committing a drug offence.
146 General authority to use drug detection dogs
(cf Police Powers (Drug Detection Dogs) Act 2001, s 4)
(1) If a police officer is authorised to search a person for the purpose of detecting a drug offence, the officer is entitled to use a dog for that purpose.(2) A police officer is, for the purpose of detecting a drug offence, entitled to be accompanied by a dog under the officer’s control if the officer is entitled to enter, or be in or on, particular premises in the exercise of the officer’s functions.(3) Neither the State nor a police officer is liable to any action, liability, claim or demand merely because a dog entered, or was in or on, premises as provided by this section.
147 Use of dogs for general drug detection authorised
A police officer is authorised to use a dog to carry out general drug detection, but only as provided by this Division.
148 General drug detection with dogs in authorised places
(cf Police Powers (Drug Detection Dogs) Act 2001, s 7)
(1) A police officer may, without a warrant, use a dog to carry out general drug detection in relation to the following persons:(a) persons at, or seeking to enter or leave, any part of premises being used for the consumption of liquor that is sold at the premises (other than any part of premises being used primarily as a restaurant or other dining place),(b) persons at, or seeking to enter or leave, a public place at which a sporting event, concert or other artistic performance, dance party, parade or other entertainment is being held,(c) persons on, or seeking to enter or leave, a public passenger vehicle that is travelling on a route prescribed by the regulations, or a station, platform or stopping place on any such route.(2) In this section:public passenger vehicle means a train, light rail vehicle or bus that is used to provide a public passenger service.
149 General drug detection with dogs by warrant
(cf Police Powers (Drug Detection Dogs) Act 2001, s 8)
(1) A police officer may use a dog to carry out general drug detection if authorised to do so by a warrant under this section.(2) A police officer who has reasonable grounds for believing that the persons at any public place may include persons committing drug offences may apply to an authorised officer for a warrant under this section.(3) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant authorising any police officer to use a dog to carry out general drug detection in the public place during the period or periods specified in the warrant.(4) An application for a warrant under this section must disclose whether any general drug detection to be carried out under the warrant will be part of a covert police operation.
150 Provisions relating to general drug detection
(cf Police Powers (Drug Detection Dogs) Act 2001, s 9)
(1) A police officer carrying out general drug detection under this Division is to take all reasonable precautions to prevent the dog touching a person.(2) A police officer is required to keep a dog under control when the officer is using the dog to carry out general drug detection under this Division.(3) General drug detection under this Division may be carried out as part of a covert police operation, but only if it is authorised by a warrant under this Division.(4) The provisions of this Division do not affect:(a) the search of a person whom a police officer reasonably suspects is committing a drug offence, or(b) any search of premises that does not involve a search of persons in or on the premises.(5) Nothing in this Division confers on a police officer a power:(a) to enter any premises that the officer is not otherwise authorised to enter, or(b) to detain a person who the officer is not otherwise authorised to detain.