Northern Territory Numbered Acts

POLICE ADMINISTRATION AMENDMENT (POWERS AND LIABILITY) ACT 2005 (NO 11 OF 2005) - SECT 7

    After section 119 –

insert

119A.  Powers incidental to search and entry powers

    (1)     This section applies if a member is authorised –

    (a)     to search a person, clothing being worn by a person or property in the immediate control of a person under –

        (i)     a warrant issued under section 117(1);

        (ii)     a form of warrant completed by the member in accordance with section 118(4); or

        (iii)     section 119(1)(a) or (2); or

    (b)     to enter a place under –

        (i)     a warrant issued under section 117(2);

        (ii)     a form of warrant completed by the member in accordance with section 118(4); or

        (iii)     section 119(1)(b) or (3).

    (2)     The member may exercise the power with the assistance, and using the force, that is necessary and reasonable in the circumstances.

    (3)     For exercising the power mentioned in subsection (1)(a), the member may –

    (a)     stop the person or an aircraft, ship, train or vehicle in which the member reasonably believes the person may be found; and

    (b)     detain the aircraft, ship, train or vehicle, and any persons found in or on it or who enter it while the search is in progress, for as long as reasonably required for the exercise of the power.

    (4)     For exercising the power mentioned in subsection (1)(b), the member may –

    (a)     if the place to which the power relates is an aircraft, ship, train or vehicle – stop and detain the aircraft, ship, train or vehicle for as long as reasonably required for the exercise of the power; and

    (b)     detain any persons found in or on the place, or who enter it while the search is in progress, for as long as reasonably required for the exercise of the power.

    (5)     For section 112(1) of the Criminal Code, a person detained under subsection (3)(b) or (4)(b) is in the lawful custody of the member while so detained.