South Australian Current Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 33

33—Power to search premises and vehicles

        (1)         A police officer may search—

            (a)         premises specified in a public safety order; or

            (b)         premises in which an event specified in a public safety order is being held; or

            (c)         premises situated within an area specified in a public safety order,

if the officer suspects on reasonable grounds that a person to whom the public safety order relates is within the premises.

        (2)         A police officer may stop and search a vehicle, and anything in the vehicle, if the officer suspects on reasonable grounds that—

            (a)         a person within the vehicle is a person to whom a public safety order relates; and

            (b)         the vehicle is approaching, is in, or has recently left, any premises, event or area specified in the public safety order.

        (3)         A police officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.

        (4)         A police officer may detain a person who is in a vehicle stopped under this section for as long as is reasonably necessary to conduct a search under this section (and that action does not, by itself, constitute an arrest of the person).

        (5)         A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer for the purposes of this section.

Maximum penalty: Imprisonment for 5 years.



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