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GRAFFITI PREVENTION ACT 2007 - SECT 16

Duty to make records concerning searches without warrant

S. 16(1) amended by Nos 43/2011 s. 28(1)(a), 37/2014 s. 10(Sch. item 75.9(a)(i)).

    (1)     A police officer or a protective services officer who conducts a search under section 13 must make a written record of the search containing the following information—

S. 16(1)(a) amended by Nos 43/2011 s. 28(1)(b), 37/2014 s. 10(Sch. item 75.9(a)(ii)).

        (a)     the police officer's or protective services officer's name, rank and place of duty;

        (b)     the date of the search;

        (c)     the time of the search;

        (d)     the place where the search took place;

        (e)     the name of the person searched and, if applicable, a description of any clothing, vehicle, package or thing searched;

        (f)     the grounds relied on for conducting the search;

        (g)     a description of any item seized from the person searched.

    (2)     The record must be made as soon as practicable after the completion of the search.

    (3)     A person subjected to a search under section 13 is entitled, on request and without charge, to a copy of the record of the search, if the request is made not later than one year after the date of the search.

S. 16(4) amended by Nos 43/2011 s. 28(2), 37/2014 s. 10(Sch. item 75.9(b)).

    (4)     A request under subsection (3) is made to the officer in charge of the place of duty, referred to in section 13(3)(a), of the police officer or protective services officer who conducted the search.



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