Northern Territory Consolidated Acts

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Reasonable grounds for search without warrant on indication of electronic drug detection system

    (1)     Subsection (2) applies if, before exercising a power under an Act to search a person or place without a warrant, a member is required to form a suspicion on reasonable grounds that:

        (a)     the person is carrying or has in the person's possession, or is in control of, a dangerous substance; or

        (b)     there is something at the place (including in a vehicle at a public place) that may be a dangerous substance.

    (2)     There are reasonable grounds for the suspicion if an electronic drug detection system indicates the presence of a dangerous substance:

        (a)     on the person or on, or in, a thing in the person's immediate control; or

        (b)     on or in a thing, not in the person's immediate control but which the member suspects on reasonable grounds is connected with the person, that is at the place where the detection is being carried out; or

        (c)     at the place.

    (3)     In this section:

"dangerous substance "means any of the following:

        (a)     a dangerous drug;

        (b)     a precursor;

        (c)     a substance prescribed by regulation to be a dangerous substance.

"electronic drug detection system", see section 19U of the Misuse of Drugs Act 1990 .

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