1 Name of Act
2 Commencement
3 Interpretation
4 Relationship to common law and other matters
5 Relationship to other Acts
6 Inconsistency
7 Provisions in this Act
8 Act to bind Crown
Note
9 Power to enter in emergencies
10 Power to enter to arrest or detain someone or execute warrant
Part 3 Powers to require identity to be disclosed
Division 1 General power to require identity to be disclosed
11 Identity may be required to be disclosed
12 Failure of person to disclose identity on request
13 False or misleading information about identity
Division 2 Powers to require identity of drivers and passengers to be disclosed
14 Power of police officer to request disclosure of driver or passenger identity
15 Failure of driver to disclose identity
16 Failure of passenger to disclose identity
17 Failure of owner to disclose identity
18 False or misleading information about identity
19 Power of police officer to request proof of identity
Part 4 Search and seizure powers without warrant
Note
Division 1 General personal search and seizure powers
20 Relevant offences
21 Power to search persons and seize and detain things without warrant
22 Power to seize and detain dangerous articles on premises
Division 2 Searches of persons on arrest or while in custody
23 Power to carry out search on arrest
24 Power to carry out search of person in custody
Division 3 Additional personal search and seizure powers in public places and schools
25 Definitions
26 Power to search for knives and other dangerous implements
27 Failure to comply with requests relating to search and dangerous implements
28 Power to confiscate knives or other dangerous implements
Division 4 Provisions relating generally to personal searches
29 Application of Division
30 Frisk searches and ordinary searches
31 Strip searches
32 Preservation of privacy and dignity during search
33 Rules for conduct of strip searches
34 No strip searches of children under 10 years
Division 5 Vehicle entry, search and roadblock powers
35 Relevant offences
36 Power to search vehicles and seize things without warrant
37 Powers to stop vehicles and erect roadblocks
38 Power to give reasonable directions
39 Failure to comply with directions
40 Duration and form of roadblock authorisation
41 Record of roadblock authorisation
Division 6 Vessel and aircraft entry and search powers
42 Power to search vessels and aircraft and seize things without warrant
43 Power to board vessels
44 Power to search aircraft for safety reasons
45 Search powers relating to prohibited plants and prohibited drugs
Part 5 Search and seizure powers with warrant or other authority
Note
46 Definitions
Division 2 Police powers relating to warrants
47 Power to apply for warrant for particular offences
48 Issue of warrant
49 Seizure of things pursuant to warrant
50 Search of persons pursuant to warrant
51 Inquiries pursuant to warrant related to child prostitution offences
52 Obstruction or hindrance of person executing warrant
Division 3 Notices to produce documents
53 Notices to produce documents
54 Issue of notice to produce documents
55 Information in application for notice to produce documents
56 Claims of privilege
57 Obligations and liability of authorised deposit-taking institution
58 Produced document taken to be seized
Division 4 Provisions relating generally to warrants and notices to produce documents
59 Application of Division
60 Application for warrant in person
61 Telephone warrant
62 Information in application for warrant
63 False or misleading information in applications
64 Further application for warrant after refusal
65 Record of proceedings before authorised officer
66 Form of warrant
67 Notice to occupier of premises entered pursuant to warrant
68 Announcement before entry
69 Duty to show warrant
70 Use of force to enter premises
71 Use of assistants to execute warrant
72 Execution of warrant by day or night
73 Expiry of warrant
74 Report to authorised officer on execution of warrant
75 Death, absence of authorised officer who issued warrant
76 Defects in warrants
77 Abolition of common law search warrants
78 Ministerial arrangements for things seized in connection with extra-territorial offences
79 References in other Acts to “authorised justice” or “authorised officer”
80 Application of warrant provisions
Part 6 Search, entry and seizure powers relating to domestic violence offences
Note
81 Definitions
82 Entry by invitation
83 Entry by warrant where entry denied
84 Obstruction or hindrance of person executing warrant
85 Powers that may be exercised on entry into premises
86 Police may enter and search for firearms
87 Search and seizure powers
Note
88 Crime scene powers may be exercised if police officer lawfully on premises
89 Application of Part to premises
90 When crime scene may be established
91 Establishment of crime scene
92 Exercise of powers at crime scene
93 Notice to senior police officer where warrant not required
94 Crime scene warrants
95 Crime scene powers
96 Obstruction or hindrance of person executing crime scene warrant
97 Search warrants not affected
98 Part does not confer additional entry powers
Part 8 Powers relating to arrest
Note
99 Power of police officers to arrest without warrant
100 Power of other persons to arrest without warrant
101 Power to arrest with warrant
102 Power to arrest persons who are unlawfully at large
103 Warrant for arrest of person unlawfully at large
104 Power to arrest for interstate offences
105 Arrest may be discontinued
106 Person helping in covert operations not under arrest
107 Part does not affect alternatives to arrest
108 Part does not affect Young Offenders Act 1997
Part 9 Investigations and questioning
109 Objects of Part
110 Definitions
111 Persons to whom Part applies
112 Modification of application of Part to certain persons
113 Effect of Part on other powers and duties
Division 2 Investigation and questioning powers
114 Detention after arrest for purposes of investigation
115 Investigation period
116 Determining reasonable time
117 Certain times to be disregarded in calculating investigation period
118 Detention warrant to extend investigation period
119 Detention warrants
120 Information in application for detention warrant
121 Detention after arrest for purposes of investigation may count towards sentence
Division 3 Safeguards relating to persons in custody for questioning
122 Custody manager to caution, and give summary of Part to, detained person
123 Right to communicate with friend, relative, guardian or independent person and legal practitioner
124 Right of foreign national to communicate with consular official
125 Circumstances in which certain requirements need not be complied with
126 Provision of information to friend, relative or guardian
127 Provision of information to certain other persons
128 Provision of interpreter
129 Right to medical attention
130 Right to reasonable refreshments and facilities
131 Custody records to be maintained
132 Regulations
Part 10 Other powers relating to persons in custody
Note
Division 1 Taking of identification particulars
133 Power to take identification particulars
134 Orders for the taking of identification particulars
135 Lawful custody of persons other than police officers
136 Identification particulars of children under 14 years
137 Destruction of certain identification particulars relating to children
Division 2 Examination of persons in custody
138 Power to examine person in custody
139 Definitions
140 Issue of search warrant—suspected drug premises
141 Execution of search warrant
142 Search and arrest of persons pursuant to search warrant
143 Obstructing police officer executing search warrant
144 Application of other laws
Division 2 Use of drug detection dogs
145 Meaning of “general drug detection”
146 General authority to use drug detection dogs
147 Use of dogs for general drug detection authorised
148 General drug detection with dogs in authorised places
149 General drug detection with dogs by warrant
150 Provisions relating to general drug detection
Division 3 Use of medical imaging to search for internally concealed drugs
151 Definitions
152 Eligible judicial officers
153 Division does not apply to persons under 10
154 When may an internal search be carried out?
155 Police officer may detain suspect to request consent, or apply for order for, an internal search
156 Police officer may request consent of certain suspects for internal search
157 Matters that suspect must be informed of before giving consent to an internal search
158 Procedure after the carrying out of an internal search
159 Application for order for internal search
160 Procedure at hearing of application for order
161 Orders for internal search
162 Internal search
163 Conduct of internal search
164 Medical practitioner may take action to preserve suspect’s life
165 General rules for carrying out internal search
166 No questioning during internal search
167 Suspect must be cautioned before internal search
168 Internal searches not to be carried out in cruel, inhuman or degrading manner
169 Medical practitioner or appropriately qualified person to prepare report
170 Suspect’s rights during detention
171 Interpreters
172 Withdrawal of consent
173 Powers and entitlements of legal representatives and search friends
174 Recording of giving of information and suspect’s responses
175 Obligation of police officers relating to recordings
176 Material required to be made available to suspect
177 No charge for material
178 Burden of proof
179 Liability of medical practitioners and appropriately qualified persons
180 Medical practitioners and appropriately qualified persons not obliged to carry out internal searches
181 Relationship to Part 9
182 Detention orders
183 Restrictions on publication
184 Lists of search friends
Part 12 Powers relating to vehicles and traffic
Note
Division 1 Regulation of traffic
185 Police may give reasonable directions for traffic regulation
186 Police may temporarily close road or road related area to traffic
Division 2 Other police powers relating to vehicles
187 Use of tyre deflation devices in police pursuits
188 Power of entry for tracing stolen motor vehicles or trailers or their parts
Division 3 Powers to prevent intoxicated drivers from driving
189 Power to prevent driving by persons who are under the influence of alcohol or other drugs
190 Detention of keys or vehicles may be continued
191 Offence to contravene prohibition or requirement
192 Expenses incurred in connection with Division
Part 13 Use of dogs to detect firearms and explosives
193 Definitions
194 Part does not confer power of entry or detention
195 General authority to use dogs for detecting firearms or explosives
196 General firearms or explosives detection using dogs
Part 14 Powers to give directions
Note
197 Power to give reasonable directions in public places
198 Requirements relating to direction
199 Failure to comply with direction
200 Limitation on exercise of police powers
Part 15 Safeguards relating to powers
Note
201 Supplying police officer’s details and giving warnings
202, 203 (Repealed)
204 Detention period for search limited
Part 16 Powers relating to intoxicated persons
205 Definitions
206 Detention of intoxicated persons
207 Detention of persons in authorised places of detention
208 Searching detained persons
209 Records
210 Police officers and others not liable for certain acts or omissions
Part 17 Property in police custody
Division 1 Confiscated knives and other dangerous articles and implements
211 Application of Division
212 Application for return of seized dangerous articles or confiscated dangerous implements
213 Appeals to Local Court against refusals to return seized dangerous articles or confiscated dangerous implements
214 Forfeiture of seized dangerous articles and confiscated dangerous implements
Division 2 Other property in police custody
215 Definitions
216 Application to property
217 Right to inspect seized documents
218 Return of seized things
219 Disposal of property on application to court
220 Disposal of property connected with an offence after determination of proceedings
221 Disposal of unclaimed property not connected with an offence
222 Procedure where no dispute as to ownership of livestock and owner known
223 Procedure where no dispute as to ownership of livestock but owner not known
224 Procedure if there is a dispute as to ownership of livestock
225 Disposition of benefit derived from livestock
226 Notification of right to recover proceeds of sale
227 Livestock provisions in addition to other provisions
228 Application to Treasurer for recovery of money or proceeds of sale
229 Courts having jurisdiction under this Division
230 Use of force generally by police officers
231 Use of force in making an arrest
232 Protection of police acting in execution of warrant
233 Admissibility of evidence of searches
234 Proceedings for offences
235 Penalty notices
236 Onus of proof of reasonable excuse
237 Commissioner’s instructions
238 Regulations
239 Repeals
240 Amendment of other Acts and instruments
241 Savings and transitional provisions
242 Monitoring of operation of certain provisions of Act by Ombudsman
243 Review of Act
Schedule 1 Acts not affected by this Act
Schedule 2 Search warrants under other Acts
Schedule 4 Amendment of other Acts and instrument