Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 103

103 Dealing with persons who obstruct search of person

(1) If a person (the
"obstructing person" ) obstructs an authorised commission officer conducting a lawful search of the obstructing person or another person, an authorised commission officer must, if reasonably practicable—

(a) warn the obstructing person it is an offence to obstruct an authorised commission officer in the performance of the officer’s duties; and

(b) give the obstructing person a reasonable opportunity to stop obstructing the search.

(2) It may not be reasonably practicable for an authorised commission officer to comply with subsection (1) if, for example—

(a) there is an immediate or sudden need to use force because, for example, the person is struggling with an authorised commission officer; or

(b) there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or

(c) an immediate search is necessary to protect the safety of any person.