Division 3 Additional personal search and seizure powers in public places and schools

25   Definitions

In this Division:

knife includes:

(a)  a knife blade, and

(b)  a razor blade, and

(c)  any other blade,

but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.

locker includes any facility for the storage of a student’s personal effects at a school.

26   Power to search for knives and other dangerous implements

(cf Summary Offences Act 1988, s 28A)

(1)  A police officer may request a person who is in a public place or a school to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a dangerous implement (other than a laser pointer) in his or her custody.

(1A)  A police officer may request a person who is in a public place to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a laser pointer in his or her custody.

(2)  If the person is in a school and is a student at the school, the police officer may also request the person to do either or both of the following:

(a)  to submit to a search of any bag or other personal effect that is on or with the person,

(b)  to submit to a search of the person’s locker at the school and an examination of any bag or other personal effect that is inside the locker.

(3)  For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement (other than a laser pointer) in his or her custody.

(4)  In conducting a search of a person under this section, a police officer must, in the case of a search of a student in a school and if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

(5)  In conducting a search of a person under this section, a police officer may request the person to produce either or both of the following:

(a)  anything that the police officer has detected or seen on or with the person during the search and has reasonable grounds to suspect is a dangerous implement,

(b)  anything detected during the search by an electronic metal detection device that the device indicates is of a metallic nature.

(6)  (Repealed)

27   Failure to comply with requests relating to search and dangerous implements

A person must not, without reasonable excuse:

(a)  fail or refuse to produce anything detected or seen on or with the person in such a search when requested to do so by a police officer in accordance with sections 26 and 201, or

(b)  fail or refuse to comply with a request made by a police officer in accordance with sections 26 and 201 for the person to submit to a search.

Maximum penalty: 50 penalty units.

28   Power to confiscate knives or other dangerous implements

(cf Summary Offences Act 1988, s 28B)

(1)  A police officer may, in a public place or school:

(a)  take possession of anything that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in a person’s custody, and

(b)  confiscate the thing.

(2)  Any such confiscated thing is to be dealt with in accordance with Division 1 of Part 17.

(3)  The power conferred by subsection (1) may be exercised whether or not the police officer requests the person to produce the thing under section 26.