Part 6Administrative provisions
Administrative powers
108Power to search people
Subject to subsections (2) and (3), a constable who—
- suspects on reasonable grounds that a person to whom section 107 applies may be in possession of any uncleared risk goods; or
- has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that a person—
- is a person to whom section 107 applies; and
- may be in possession of any uncleared risk goods; or
- is a person to whom section 107 applies; and
- suspects on reasonable grounds that any person is in possession of any unauthorised goods; or
- has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that any person is in possession of any unauthorised goods,—
No constable shall search a person under the authority of subsection (1) without first—
- telling the person that he or she proposes to do so under the authority of that subsection; and
- telling the person that he or she is a constable; and
- if not in uniform, producing to the person evidence that he or she is a constable.
Nothing in subsection (1) authorises any constable to conduct an internal search of any part of a person's body.
A constable who takes possession of any goods under subsection (1) shall give them into the custody of an inspector.
Within 3 days of searching a person under the authority of subsection (1), a constable shall give the Commissioner of Police a written report on the search, and the circumstances in which it came to be conducted.
Notes
- Section 108(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(1): amended, on , by section 15 of the Biosecurity Amendment Act 2003 (2003 No 38).
- Section 108(1)(a): amended, on , by section 43 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 108(1)(b)(i): amended, on , by section 43 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 108(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(2)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 108(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).