Western Australian Current Acts Western Australian Current Acts (1) In this section
—
search includes doing a preliminary drug detection
test.
(2) An authorised
officer may do 1 or more of the following in relation to a vehicle —
(a)
require the driver of the vehicle to stop the vehicle;
(b)
enter and search any part of the vehicle;
(c)
detain the vehicle for a reasonable period in order to search the vehicle;
(d) move
the vehicle to a public place in the relevant BSA suitable to search the
vehicle;
(e)
require the driver, or a passenger, of the vehicle to open any part of the
vehicle;
(f)
require the driver, or a passenger, of the vehicle not to leave, or to remain
in, the vehicle;
(g) take
any action that is reasonably necessary in order to search the vehicle.
(3) An authorised
officer has reasonable grounds to suspect that any thing referred to in
section 23(1)(a), (b) or (c) is in the possession of a person if a preliminary
drug detection test in relation to a vehicle in which the person is, or was,
the driver or a passenger, indicates the detection of any of the following
—
(a) a
prohibited drug;
(b) a
prohibited plant;
(c) a
controlled precursor.
(4) Section 25 applies
as if the reference in subsection (1) of that section to a police officer
exercising the powers conferred by section 22 or 23 included a reference to an
authorised officer exercising the powers conferred by subsection (2) of this
section.
(5) Section 26 applies
as if —
(a) the
reference in subsection (1)(a)(i) and (ii) of that section to a dangerous
substance included a reference to a controlled precursor; and
(b) the
reference in subsection (1) of that section to the exercise of the powers
conferred by section 22 or 23 included a reference to the exercise of the
powers conferred by subsection (2) of this section.
[Section 20U inserted: No. 16 of 2023 s. 6.]
[Heading inserted: No. 16 of 2023 s. 6.]