Australian Capital Territory Current Acts

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

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 224

Searches of vehicles without search warrant in emergency situations

    (1)     This section applies if a police officer believes, on reasonable grounds, that—

        (a)     a thing that is target material is in or on a vehicle; and

        (b)     it is necessary to exercise a power under subsection (2) to prevent the thing from being concealed, lost or destroyed; and

        (c)     it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

    (2)     If this section applies, the police officer may—

        (a)     stop and detain the vehicle; and

        (b)     search the vehicle, and any container in or on the vehicle, for the thing; and

        (c)     seize the thing if the officer finds it.

    (3)     If, in the course of searching for the thing, the police officer finds something else that is target material, the police officer may seize that thing if the officer suspects, on reasonable grounds, that—

        (a)     it is necessary to seize it to prevent its concealment, loss or destruction; and

        (b)     it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

    (4)     The police officer must exercise the police officer's powers subject to section 225.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback