Western Australian Current Acts Western Australian Current Acts (1) The powers of a
member of the Police Force under this section may be exercised in relation to
a prohibited person —
(a) only
if reasonably required for the purpose of determining whether the prohibited
person or any other person has committed an offence under Part 8; and
(b) at
any time after the service of a firearms prohibition order (including
immediately after its service, if the prohibited person has been given an
opportunity to surrender all firearms, major firearm parts, prohibited firearm
accessories and ammunition in the person’s possession).
(2) The powers of a
member of the Police Force under this section may be exercised in relation to
a person in company with a prohibited person only if the member of the Police
Force suspects on reasonable grounds that the person in company or the
prohibited person has committed an offence under Part 8.
(3) A member of the
Police Force may exercise any of the following powers —
(a) stop
and search a prohibited person;
(b) stop
and search a person who is in the company of a prohibited person;
(c)
search any item, package or thing in the possession of a person who is the
subject of a search under this section.
(4) A member of the
Police Force who conducts a search of a person under this section may do any
of the following —
(a) stop
and detain the person being searched for so long as is reasonably necessary to
conduct the search;
(b)
seize a thing relevant to an offence under this Act —
(i)
that is found on the person or in an item, package or
thing in the person’s possession; or
(ii)
that the person is carrying or using.
(5) A member of the
Police Force may seize a firearm, major firearm part, prohibited firearm
accessory or ammunition under subsection (4)(b) even if a person is authorised
under this Act to be in possession of the firearm, major firearm part,
prohibited firearm accessory or ammunition.
[Section 26D inserted: No. 13 of 2022 s. 50.]