52D—General provisions relating to exercise of powers
(1) Nothing in this
Part derogates from the power of a police officer to do anything pursuant to a
general search warrant issued under the Summary Offences Act 1953 .
(2) An
authorised officer may, in exercising powers under this Part, be assisted by
such persons as the authorised officer considers necessary or desirable in the
circumstances.
(3) A person must
not—
(a)
hinder or obstruct an authorised officer, or a person accompanying an
authorised officer, in the exercise of the powers conferred by this Part; or
(b)
refuse or fail to comply with a requirement made of the person, or a direction
given to the person, pursuant to section 52, 52A or 52B.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) In any
proceedings, an apparently genuine document purporting to be a certificate
signed by the Commissioner of Police (or a delegate of the Commissioner of
Police), and certifying that—
(a) a
particular public place was subject to an authorisation properly granted by a
senior police officer in accordance with section 52A(3) during a period
specified in the certificate; or
(b) a
particular area was subject to an authorisation properly granted by a
senior police officer in accordance with section 52B(1) during a period
specified in the certificate; or
(c) a
dog used during a specified period to carry out general drug detection within
a specified area, or at a specified place, was a drug detection dog; or
(d) a
device or system used during a specified period to carry out general
drug detection within a specified area, or at a specified place, was an
electronic drug detection system,
constitutes proof, in the absence of proof to the contrary, of the matters so
certified.
(5) For the avoidance
of doubt, an indication—
(a) by a
drug detection dog that the dog has detected the presence of a
controlled drug, controlled precursor or controlled plant; or
(b) by
an electronic drug detection system that the system has detected the presence
of a controlled drug, controlled precursor or controlled plant,
constitutes reasonable grounds to suspect that a controlled drug,
controlled precursor or controlled plant is present.