Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 53

53 .         Section 5 offences, enhanced police powers to stop, search etc. people and conveyances

        (1)         This section does not apply unless there are reasonable grounds to suspect that a person is in possession of —

            (a)         anything used, or intended to be used, in connection with the commission of the section 5 offence; or

            (b)         anything else that may provide evidence of, or other information about, the offence.

        (2)         A police officer may without a warrant stop, detain, and search the person and any conveyance where the police officer reasonably suspects the person to be.

        (3)         The power to stop and detain a conveyance includes the power to detain anyone in or on the conveyance for as long as is reasonably necessary to search the conveyance even though, until the conveyance has been searched, the person may not be suspected of anything because of which the person can be detained under subsection (2).

        (4)         A police officer may without a warrant seize anything described in subsection (1).

        (5)         A police officer may use any force that is reasonably necessary, and may call on any assistance necessary, in order to perform a function under this section.

        (6)         In this section —

        conveyance means anything used or capable of being used to transport people or goods by air, land, or water, and it does not matter how it is propelled or that it may ordinarily be stationary.

        [Section 53 inserted: No. 78 of 2003 s. 17.]