Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 19TA
insert
In this Part:
"authorisation" means an authorisation under section 19V(1).
"detection dog" means a police dog trained to detect dangerous drugs or precursors.
"drug detection area" means the area that is subject to an authorisation.
"electronic drug detection system" means:
(a) an electronic device of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a dangerous drug or precursor; or
(b) a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device for the purpose of detecting the presence of a dangerous drug or precursor.
"general drug detection" means:
(a) deploying a detection dog in a vehicle or near a person or other property; or
(b) using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation;
for the purpose of determining whether the dog or system (as the case may be) detects the presence of a dangerous drug or precursor.
"police dog", see section 4(1) of the Police Administration Act .
"road", see section 5(1) of the Control of Roads Act .
"senior police officer" means a police officer of or above the rank of Commander.
(1) If a senior police officer reasonably suspects that an area is being, or is likely to be, used for the transport of dangerous drugs or precursors in contravention of this Act, the senior police officer may give an authorisation in relation to the area.
(2) An authorisation must comply with any guidelines issued by the Commissioner of Police for this Part.
(3) An authorisation must specify the area that is subject to the authorisation.
(4) An authorisation is subject to any conditions specified in the authorisation.
(5) An authorisation has effect for the period, not exceeding 14 days, specified in the authorisation.
(6) An authorisation may be given in respect of the area that was subject to an authorisation that has expired.
(7) An authorisation may be varied or revoked at any time by a senior police officer.
(8) An authorisation or the variation or revocation of an authorisation must be in writing.
An area may be subject to an authorisation only if:
(a) all of the area is more than 30 kilometres from the General Post Office at Darwin; and
(b) the area is not greater than 3 square kilometres; and
(c) for an area that consists of or includes one or more roads, any such road is no longer than 3 kilometres.
(1) An authorisation authorises a police officer to exercise, for the detection of an offence against this Act that has been, is being or is likely to be committed, the powers conferred by this Part in the drug detection area to which the authorisation relates:
(a) without a warrant; and
(b) without reasonable suspicion that an offence against this Act has been committed.
(2) The Commissioner of Police must establish written procedures:
(a) to be followed by police officers when exercising the powers conferred by this Part to ensure, as far as is reasonably practicable, that any undue delay or inconvenience to a person who is subject to those powers is avoided; and
(b) to ensure that no more than 3 authorisations are in force at the same time.
(3) An authorisation given when 3 authorisations are already in force has no effect.
(1) A police officer may:
(a) direct the driver of a vehicle in a drug detection area to stop the vehicle, whether at a drug detection point established under section 19Z or some other place; and
(b) detain the vehicle and carry out general drug detection in relation to the vehicle and any person or property in or on the vehicle; and
(c) inspect or search the vehicle, and do the following:
(i) direct the driver or another person to open any part of the vehicle or any cupboard, drawer, chest, trunk, box, package or other receptacle found in the vehicle;
(ii) use the reasonable force necessary to open any part of the vehicle or any cupboard, drawer, chest, trunk, box, package or other receptacle found in the vehicle; and
(d) enter the vehicle, using the reasonable force necessary; and
(e) detain or search a person:
(i) who was in the vehicle when it was detained; or
(ii) who the police officer reasonably believes has recently left the vehicle; and
(f) seize any item or thing that the officer reasonably believes is connected with any offence against this Act; and
(g) give any other directions that are reasonably necessary for, or incidental to, the effective exercise of powers under this section.
(2) Section 11R(4) and (5) apply in relation to a search carried out under this section.
(3) If a police officer, under subsection (1)(e), detains a person who is or was in a vehicle, the person may be detained only for as long as is reasonably necessary for the police officer to carry out general drug detection in relation to, and searches of, the vehicle and any person or property in or on the vehicle.
(4) A person commits an offence if the person fails to comply with a direction under subsection (1)(a).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(5) A person detained by a police officer under subsection (1)(e) commits an offence if the person fails to inform the police officer of the person's name, address and date of birth if requested by the police officer to do so.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(6) In this section:
"driver", see section 3(1) of the Traffic Act .
Note for section 19Y
Additional powers are conferred under Part VII, Division 2A of the Police Administration Act on a police officer in relation to stopping, detaining, searching and seizing if the police officer has reasonable grounds to suspect the presence of a dangerous drug or precursor.
(1) A drug detection point may be established by police officers at any time on or near a road in a drug detection area for the purpose of exercising the powers conferred by this Part in relation to persons driving vehicles on the road and those vehicles.
(2) A drug detection point must be established in the way, and consist of the facilities and warning and other devices, that the Commissioner of Police considers necessary to enable vehicles to be stopped in a safe and orderly manner.
(1) The Commissioner of Police must give a report to the Minister that provides the following information for each financial year:
(a) the number of authorisations given by senior police officers during the financial year;
(b) the areas that were subject to those authorisations;
(c) the periods during which those authorisations had effect;
(d) the number of occasions when, in the course of the exercise of the powers conferred by this Part, a dangerous drug or precursor was seized.
(2) The report for a financial year must be given to the Minister within 3 months after the end of the financial year.
(3) The Minister must table a copy of the report in the Legislative Assembly within 7 sitting days after the Minister receives the report.