Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POLICE ADMINISTRATION ACT 1978 - SECT 116KB

Use of hand held scanner to be authorised

    (1)     Subject to subsection (3), the Commissioner may, by issuing an authority, authorise the use of a hand held scanner in an area (a suspected offence area ) in which the Commissioner suspects, on reasonable grounds, that an offence involving a firearm, controlled weapon or prohibited weapon:

        (a)     has been committed within the last 12 hours; or

        (b)     is being committed; or

        (c)     is likely to be committed within the next 12 hours.

    (2)     Subject to subsection (3), an approved member may, by issuing an authority, authorise the use of a hand held scanner:

        (a)     in a high risk area; or

        (b)     at a public transport facility and on public transport vehicles travelling to and from the facility.

    (3)     The Commissioner or approved member may issue the authority only if:

        (a)     any of the following happened in a public place in the affected place in the previous 6 months:

            (i)     an offence was committed by a person armed with a firearm, controlled weapon or prohibited weapon;

            (ii)     a violent offence was committed;

            (iii)     more than one weapon possession offence was committed; and

        (b)     the Commissioner or approved member considers that the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a firearm, controlled weapon or prohibited weapon; and

        (c)     the Commissioner or approved member has considered:

            (i)     the effect that the use of hand held scanners may have on lawful activity in the affected place; and

            (ii)     if the use of hand held scanners has previously been authorised for the affected place – whether the use of the scanners under the authority identified persons carrying restricted weapons.

    (4)     The Commissioner cannot delegate the Commissioner's powers and functions under this section.

    (5)     An authority issued under this section is a hand held scanner authority .

    (6)     In this section:

"affected place", in relation to a hand held scanner authority, means the suspected offence area, high risk area or public transport facility and public transport vehicles travelling to and from the facility, for which the authority is proposed to be issued.

"controlled weapon", see section 3 of the Weapons Control Act 2001 .

"prohibited weapon", see section 3 of the Weapons Control Act 2001 .

"violent offence" means an offence against the Criminal Code involving the use, or threatened use, of violence against a person, the maximum penalty for which is imprisonment for 7 years or more.

"weapon possession offence" means an offence against section 6(e), 7(1) or 7A of the Weapons Control Act 2001 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback