Commonwealth Consolidated Acts

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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 85

Stopping and searching vehicles

  (1)   If a law enforcement officer reasonably believes that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation, the law enforcement officer may do either or both of the following in an airside area:

  (a)   require the driver of a vehicle to stop the vehicle;

  (b)   search the vehicle.

  (2)   If a law enforcement officer stops a vehicle under subsection   (1), the law enforcement officer must:

  (a)   identify himself or herself as a law enforcement officer to the driver of the vehicle; and

  (b)   tell the driver why the vehicle has been stopped; and

  (c)   if the vehicle is to be searched--tell the driver why the vehicle is to be searched.

  (3)   Before a law enforcement officer searches a vehicle under subsection   (1) that was not stopped by the officer, the officer must, if there is a driver or person in control of the vehicle present:

  (a)   identify himself or herself as a law enforcement officer to the driver or person; and

  (b)   tell the driver or person why the vehicle is to be searched.

  (4)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection   (1).

Penalty for an offence against this subsection:   Imprisonment for 2 years.


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