Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers

115: Limitation on exercise of powers

You could also call this:

"There are rules to follow when using special powers given by the law"

When you are given certain powers by the law, such as those in sections 110 to 114, you must follow some rules. You have to obey any conditions set by an issuing officer who gives you a search warrant, as stated in section 103(3)(b). You also have to follow the rules about privilege and confidentiality in subpart 5 of this Part.

If you have the power to detain someone, as stated in section 118(1), you can only use this power if you also have the power to arrest that person. This can be for a suspected offence related to the search, or for a suspected offence related to something you found during the search.

The law is clear that some powers, such as those in sections 110(c) and 113(2)(b), do not allow you to use force against anyone.

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116: Securing place, vehicle, or other thing to be searched, or

"Keeping a place or thing safe while it's being searched"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers

115Limitation on exercise of powers

  1. The powers conferred by sections 110 to 114 are subject to—

  2. any conditions imposed under section 103(3)(b) by an issuing officer who issues a search warrant:
    1. subpart 5 of this Part (which relates to privilege and confidentiality).
      1. The powers conferred by section 118(1) to detain a person may only be exercised by a person who has power to arrest the person to be detained—

      2. for a suspected offence to which the search relates; or
        1. for a suspected offence to which evidential material that is discovered in the course of the search relates.
          1. To avoid doubt, the powers conferred by sections 110(c) and 113(2)(b) do not authorise the application of force to any person.