South Australian Current Acts South Australian Current Acts72C—General provisions relating to exercise of powers under
section 72A or 72B
(1) Nothing in
section 72A or 72B derogates from the power of a police officer to
do anything pursuant to a general search warrant.
(2) The Commissioner
must establish procedures to be followed by police officers in the exercise of
powers under section 72A or 72B, being procedures designed to prevent, as
far as reasonably practicable, any undue delay, inconvenience or embarrassment
to persons being subjected to the powers.
(3) A police officer
must ensure that any exercise of powers under section 72A or 72B does not
unreasonably interfere with a person's right to participate in lawful
advocacy, protest, dissent or industrial action.
(4) A police officer
may, in exercising powers under section 72A or 72B, be assisted by such
persons as the officer considers necessary or desirable in the circumstances
(provided that a person who is not a police officer may only provide
assistance at the direction of, and in the presence of, a police officer).
(5) A police officer
conducting a search under section 72A or 72B may—
(a)
enter and remain in any premises or place necessary for the purpose of
conducting the search; and
(b) give
such directions as are reasonably necessary for, or incidental to, the
effective conduct of the search; and
(c) give
such directions as are reasonably necessary to determine the nature of
anything found as a result of the search.
(6) A police officer
may only detain a person, by directions given under section 72A or
72B, for so long as is reasonably necessary to carry out a search in relation
to the person and any property in the possession of the person.
(7) A person must
not—
(a)
hinder or obstruct a police officer, or a person accompanying a police
officer, in the exercise of the powers conferred by section 72A or
72B; or
(b)
refuse or fail to comply with a requirement made of the person, or a direction
given to the person, pursuant to section 72A or 72B.
Maximum penalty: $2 500 or imprisonment for 6 months.
(8) For the avoidance
of doubt, a search may be conducted in accordance with section 72A
or 72B whether or not it would be lawful to conduct a search in
accordance with any other provision of this Part.
(9) In any
proceedings, an apparently genuine document purporting to be a certificate
signed by the Commissioner and certifying that—
(a) a
particular area was subject to an authorisation properly granted in accordance
with section 72B during a period specified in the certificate; or
(b) a
device used during a specified period to carry out metal detector searches
within a specified area, or at a specified place, was a metal detector
approved by the Commissioner,
constitutes proof, in the absence of proof to the contrary, of the matters so
certified.