Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 32

32 Prescribed circumstances for searching vehicle without warrant

(1) It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—

(a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

(b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—

(i) because of the person’s mental and physical fitness; or

(ii) because a domestic violence order has been made against the person; or

(iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or

(c) may be an unlawful dangerous drug; or

(d) may be stolen property; or

(e) may be unlawfully obtained property; or

(f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or

(g) may be evidence of the commission of an offence against any of the following—

• the Racing Act 2002

• the Racing Integrity Act 2016

• the Corrective Services Act 2006 , section 128 , 129 or 132

• the Nature Conservation Act 1992 ; or

(h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or

(i) may be tainted property; or

(j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or

(k) may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

(l) may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or

(m) may be something the person intends to use to cause self harm or harm to someone else; or

(n) may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or

(o) may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or

(p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.

(2) Also, the following are prescribed circumstances for searching a vehicle without a warrant—

(a) the driver or a passenger in the vehicle has committed, or is committing, an offence against—

(i) the Summary Offences Act 2005 , section 10C ; or

(ii) the Criminal Code , section 52D ;

(b) the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(3) For subsection (1) (p) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b) stops a person from entering or leaving a place of business; or

(c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.