Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 545

Emergency entry, search and seizure

  (1)   If an inspector has reasonable grounds to believe:

  (a)   that a person is carrying anything that is connected with an offence against Part   21; and

  (b)   that the exercise of the powers under this section is necessary to prevent the concealment, loss or destruction of a thing connected with a particular offence;

the inspector may:

  (c)   search the person, the person's clothing and any property in the person's immediate control; and

  (d)   seize any thing found in the course of the search;

so long as those powers are exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under Division   3.

  (2)   If an inspector has reasonable grounds to believe:

  (a)   that there is on any land or on or in any premises, vessel, aircraft or vehicle any thing that is connected with a particular offence against Part   21; and

  (b)   that the exercise of powers conferred under this section is necessary to prevent the concealment, loss or destruction of the thing;

the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:

  (c)   enter the land, premises, vessel, aircraft or vehicle; and

  (d)   search for the thing; and

  (e)   seize any such thing found in the course of the search;

so long as those powers are exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under Division   3.

  (3)   If an inspector may enter a vessel, aircraft or vehicle under subsection   (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph   (2)(d) or (e), stop and detain the vessel, aircraft or vehicle.

  (4)   A reference in this section to an offence against Part   21 includes a reference to an offence created by section   6 of the Crimes Act 1914 or Part   2.4 of the Criminal Code that relates to Part   21 of this Act.



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