South Australian Current Acts South Australian Current Acts72A—Power to conduct metal detector searches etc
(1) Subject to this
section, a police officer may, for the purpose of detecting the commission of
an offence under Part 3A, carry out a search in relation to—
(a) any
person who is in, or is apparently attempting to enter or to leave, an area to
which this section applies; and
(b) any
property in the possession of such a person.
(2) The following
provisions apply to a search carried out in accordance with this section:
(a) the
search must, in the first instance, be a metal detector search;
(b) if
the metal detector search indicates the presence or likely presence of metal,
a police officer may require the person to produce items detected by the metal
detector (and, for the purpose of determining whether or not the person has
produced such items, may conduct further metal detector searches);
(c) if
the person refuses or fails to produce any such item, a police officer may,
for the purpose of identifying the item, conduct a search in relation to the
person or property (which need not be a metal detector search but may be
conducted as if it were a search of a person who is reasonably suspected of
having, on or about his or her person an object, possession of which
constitutes an offence).
(3) This section
applies to the following areas:
(b) a
public place holding an event (being a community, cultural, arts,
entertainment, recreational, sporting or other similar event that is to be
held over a limited period of time) declared by the Commissioner by notice in
the Gazette under subsection (4);
(c) a
car parking area specifically or primarily provided for the use of patrons of
an area referred to in paragraph (a) or (b).
(4) A declaration
referred to in subsection (3)(b)—
(a) must
be made in accordance with guidelines (if any) prescribed by regulation; and
(b) must
specify the event and the public place to which the declaration relates; and
(c) must
specify that the declaration operates during the period for which the event is
held; and
(d) may
be subject to conditions specified in the notice.
(5) The Commissioner
must cause notice of the declaration to be published in a newspaper
circulating throughout the State or on the Commissioner's website before the
commencement of the period during which the declaration will operate.
(6) Nothing in this
section authorises a police officer to carry out a search of a person, or
property of a person, in his or her place of residence or in a hotel room,
lodging room or any other place in which he or she is temporarily residing.
(7) The following
information must be included in the annual report of the Commissioner under
section 75 of the Police Act 1998 (other than in the year in which
this section comes into operation) in respect of the period to which the
report relates (the "relevant period ):
(a) the
number of declarations made under subsection (4) during the relevant
period;
(b) the
number of metal detector searches carried out under this section during the
relevant period;
(c) the
number of occasions on which a metal detector search carried out during the
relevant period indicated the presence, or likely presence, of any metal;
(d) the
number of occasions on which weapons or articles of a kind referred to in
Part 3A were detected in the course of such searches and the types of
weapons or articles so detected;
(e) any
other information requested by the Minister.
(8) In this
section—
"licensed premises" means—
(a)
premises in respect of which 1 of the following classes of licence is in force
under the Liquor Licensing Act 1997 :
(i)
a general and hotel licence;
(ii)
an on premises licence;
(iii)
a restaurant and catering licence;
(iv)
a club licence;
(v)
a licence of a class prescribed by regulation,
other than premises, or premises of a class, declared by the regulations to be
excluded from the application of this paragraph;
(b) the
premises defined in the casino licence, within the meaning of the
Casino Act 1997 , as the premises to which the licence relates;
(c)
premises subject to a licence prescribed by regulation;
"metal detector search" means a search conducted—
(a)
using only a metal detector of a kind approved by the Commissioner; and
(b) in
accordance with any directions issued by the Commissioner.