South Australian Numbered Acts South Australian Numbered Acts7—Insertion of sections 72A, 72B and 72C
After section 72—insert:
72A—Power to conduct metal detector searches etc
(1) Subject to this section, a police officer may, for the purpose of detecting the commission of an offence under Part 3A, carry out a search in relation to—
(a) any person who is in, or is apparently attempting to enter or to leave, an area to which this section applies; and
(b) any property in the possession of such a person.
(2) The following provisions apply to a search carried out in accordance with this section:
(a) the search must, in the first instance, be a metal detector search;
(b) if the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);
(c) if the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about his or her person an object, possession of which constitutes an offence).
(3) This section applies to the following areas:
(b) a public place holding an event (being a community, cultural, arts, entertainment, recreational, sporting or other similar event that is to be held over a limited period of time) declared by the Commissioner by notice in the Gazette under subsection (4);
(c) a car parking area specifically or primarily provided for the use of patrons of an area referred to in paragraph (a) or (b).
(4) A declaration referred to in subsection (3)(b)—
(a) must be made in accordance with guidelines (if any) prescribed by regulation; and
(b) must specify the event and the public place to which the declaration relates; and
(c) must specify that the declaration operates during the period for which the event is held; and
(d) may be subject to conditions specified in the notice.
(5) The Commissioner must cause notice of the declaration to be published in a newspaper circulating throughout the State before the commencement of the period during which the declaration will operate.
(6) Nothing in this section authorises a police officer to carry out a search of a person, or property of a person, in his or her place of residence or in a hotel room, lodging room or any other place in which he or she is temporarily residing.
(7) The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation) in respect of the period to which the report relates (the "relevant period"):
(a) the number of declarations made under subsection (4) during the relevant period;
(b) the number of metal detector searches carried out under this section during the relevant period;
(c) the number of occasions on which a metal detector search carried out during the relevant period indicated the presence, or likely presence, of any metal;
(d) the number of occasions on which weapons or articles of a kind referred to in Part 3A were detected in the course of such searches and the types of weapons or articles so detected;
(e) any other information requested by the Minister.
(8) In this section—
"licensed premises" means—
(a) premises in respect of which 1 of the following classes of licence is in force under the Liquor Licensing Act 1997 :
(i) a hotel licence;
(ii) a restaurant licence that includes an extended trading authorisation;
(iii) an entertainment venue licence;
(iv) a club licence that includes an extended trading authorisation;
(v) a special circumstances licence that includes an extended trading authorisation;
(vi) a licence of a class prescribed by regulation;
(b) the premises defined in the casino licence, within the meaning of the Casino Act 1997 , as the premises to which the licence relates;
(c) premises subject to a licence prescribed by regulation;
"metal detector search" means a search conducted—
(a) using only a metal detector of a kind approved by the Commissioner; and
(b) in accordance with any directions issued by the Commissioner.
72B—Special powers to prevent serious violence
(1) A police officer may, for the purpose of locating weapons and other articles in an area to which this section applies, carry out a search in relation to—
(a) any person who is in, or is apparently attempting to enter or to leave the area; and
(b) any property in the possession of such a person.
(2) This section applies to an area in relation to which the exercise of powers under this section is authorised in accordance with subsection (3).
(3) A police officer of or above the rank of Superintendent may authorise the exercise of powers under this section in relation to an area if he or she has reasonable grounds to believe—
(a) that an incident of serious violence involving a group or groups of people may take place in the area; and
(b) such powers are necessary to prevent the incident.
(4) An authorisation granted under subsection (3)—
(a) must be granted in accordance with guidelines (if any) issued by the Commissioner; and
(b) must specify the area to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and
(c) must specify the grounds for granting the authorisation; and
(d) must specify a period of not more than 24 hours during which the authorisation operates (the "authorisation period"); and
(e) may be subject to conditions specified by the police officer granting the authorisation.
(5) An authorisation granted under subsection (3) may be varied or revoked by a police officer of or above the rank of Superintendent at any time.
(6) An authorisation granted under subsection (3) or a variation or revocation of such an authorisation must be by instrument in writing unless the police officer granting, varying or revoking the authorisation is satisfied that circumstances of urgency exist in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable.
(a) it is proposed to grant an authorisation in relation to an area; and
(b) a previous authorisation has been granted in relation to that area or a part of that area,
the authorisation period specified in the proposed authorisation must not commence within 48 hours of the end of the authorisation period specified in the previous authorisation, unless the consent of the Commissioner has been obtained in accordance with subsection (8).
(8) The Commissioner may, by instrument in writing, give consent to the granting of an authorisation of a kind specified in subsection (7) if the Commissioner is satisfied that it is in the public interest to do so.
(9) The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation) in respect of the period to which the report relates (the "relevant period"):
(a) the number of authorisations granted under subsection (3) during the relevant period; and
(b) in relation to each authorisation granted during the relevant period (identified by location and date)—
(i) the nature of the incident in relation to which the authorisation was granted; and
(ii) the number of people searched in the exercise of powers under this section; and
(iii) whether weapons or articles of a kind referred to in Part 3A were detected in the course of the exercise of powers under this section; and
(iv) the types of weapons or articles so detected;
(c) the number of occasions on which the Commissioner gave consent under subsection (8) during the relevant period;
(d) any other information requested by the Minister.
72C—General provisions relating to exercise of powers under section 72A or 72B
(1) Nothing in section 72A or 72B derogates from the power of a police officer to do anything pursuant to a general search warrant.
(2) The Commissioner must establish procedures to be followed by police officers in the exercise of powers under section 72A or 72B, being procedures designed to prevent, as far as reasonably practicable, any undue delay, inconvenience or embarrassment to persons being subjected to the powers.
(3) A police officer must ensure that any exercise of powers under section 72A or 72B does not unreasonably interfere with a person's right to participate in lawful advocacy, protest, dissent or industrial action.
(4) A police officer may, in exercising powers under section 72A or 72B, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of, and in the presence of, a police officer).
(5) A police officer conducting a search under section 72A or 72B may—
(a) enter and remain in any premises or place necessary for the purpose of conducting the search; and
(b) give such directions as are reasonably necessary for, or incidental to, the effective conduct of the search; and
(c) give such directions as are reasonably necessary to determine the nature of anything found as a result of the search.
(6) A police officer may only detain a person, by directions given under section 72A or 72B, for so long as is reasonably necessary to carry out a search in relation to the person and any property in the possession of the person.
(7) A person must not—
(a) hinder or obstruct a police officer, or a person accompanying a police officer, in the exercise of the powers conferred by section 72A or 72B; or
(b) refuse or fail to comply with a requirement made of the person, or a direction given to the person, pursuant to section 72A or 72B.
Maximum penalty: $2 500 or imprisonment for 6 months.
(8) For the avoidance of doubt, a search may be conducted in accordance with section 72A or 72B whether or not it would be lawful to conduct a search in accordance with any other provision of this Part.
(9) In any proceedings, an apparently genuine document purporting to be a certificate signed by the Commissioner and certifying that—
(a) a particular area was subject to an authorisation properly granted in accordance with section 72B during a period specified in the certificate; or
(b) a device used during a specified period to carry out metal detector searches within a specified area, or at a specified place, was a metal detector approved by the Commissioner,
constitutes proof, in the absence of proof to the contrary, of the matters so certified.