Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 225

When a police officer exercises a power under section 224 (Searches of vehicles without search warrant in emergency situations) in relation to a vehicle, the police officer—

        (a)     may use the assistance that is necessary and reasonable; and

        (b)     must search the vehicle in a public place or in some other place to which members of the public have ready access; and

        (c)     must not detain the vehicle for longer than is necessary and reasonable to search it and any container in or on the vehicle; and

        (d)     may use the force that is necessary and reasonable in the circumstances, but must not damage the vehicle, or any container in or on the vehicle, by forcing open a part of the vehicle or container unless—

              (i)     the person (if any) apparently in charge of the vehicle has been given a reasonable opportunity to open that part or container; or

              (ii)     it is not possible to give that person such an opportunity.