1 Title

2 Commencement

3 Interpretation

4 Act binds the Crown

5 Internal searches generally prohibited

6 Issuing officer may issue search warrant

7 Entry without warrant to arrest person unlawfully at large

8 Entry without warrant to avoid loss of offender or evidential material

9 Stopping vehicle to find persons unlawfully at large or who have committed certain offences

10 Powers and duties of member of police after vehicle stopped

11 Warrantless searches of people locked up in police custody

12 Searchers

13 Property taken from people locked up in police custody

14 Warrantless entry to prevent offence or respond to risk to life or safety

15 Entry without warrant to find and avoid loss of evidential material relating to certain offences

16 Searching people in public place without warrant for evidential material of certain offences

17 Warrantless entry and search of vehicle for evidential material relating to certain offences

18 Warrantless searches associated with arms

19 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

20 Warrantless searches of people found in or on places or vehicles

21 Warrantless power to search and detain a person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

22 Internal search of person under arrest for offence against section 6 or 7 or 11 of Misuse of Drugs Act 1975

23 Effect of not permitting internal search under section 22 on bail application

24 Meaning of disabling substance and offensive weapon in this subpart

25 Searching people in public places without search warrant if offence against section 202A of Crimes Act 1961 suspected

26 Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

27 Power to search vehicles without warrant for stolen property

28 Meaning of statutory search power in this section

29 Obtaining authorisation for warrantless road block

30 Duration and record of warrantless road block authorisation

31 Authorised road blocks implemented without warrant

32 Warrantless temporary closing of roads by police

33 Commissioner may apply for examination order in business context

34 Conditions for making examination order in business context

35 Commissioner may apply for examination order in non-business context

36 Conditions for making examination order in non-business context

37 Other provisions that apply to examination order applications

38 Judge may make examination order

39 Form and content of examination order

40 Presence of lawyer

41 Duration of examination order

42 Other provisions that apply to examination orders

43 Common law defence of necessity for people other than members of police not affected by this Part

44 Activities not requiring warrant under this subpart

45 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

46 Activities for which surveillance device warrant required

47 Application for surveillance device warrant

48 Conditions for issuing surveillance device warrant

49 Other provisions that apply to surveillance device warrant applications

50 Who may issue surveillance device warrant

51 Restrictions on issue of surveillance device warrant

52 Form and content of surveillance device warrant

53 Carrying out activities authorised by surveillance device warrant

54 Other provisions that apply to surveillance device warrants

55 Surveillance device warrant report

56 Report on use of surveillance device in situation of urgency or emergency

57 Actions on receipt of surveillance device warrant report

58 Actions on receipt of report on use of surveillance device in situation of urgency or emergency

59 Residual warrant required for some other interferences with privacy

60 Application for residual warrant

61 Conditions for issuing residual warrant

62 Other provisions that apply to residual warrant applications

63 Who may issue residual warrant

64 Restrictions on issue of residual warrant

65 Form and content of residual warrant

66 Carrying out activities authorised by residual warrant

67 Other provisions that apply to residual warrants

68 Residual warrant report

69 Actions on receipt of report

70 Interpretation

71 Enforcement officer may apply for production order

72 Conditions for making production order

73 Other provisions that apply to production order applications

74 Issuing officer may make production order

75 Form and content of production order

76 Duration of production order

77 Other provisions applying to production orders

78 Documents produced under production order

79 Application of Part 4 provisions to this subpart

80 Meaning of terms used in this subpart

81 Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

82 Application of this subpart

83 Entry without warrant after arrest

84 Warrantless entry and search of vehicle after arrest

85 Rub-down search of arrested or detained person

86 Things that can be done to facilitate rub-down search

87 Rub-down search may include visual examination

88 Warrantless search of arrested or detained person

89 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

90 Application of rules about consent searches

91 Purposes for which consent search may be undertaken

92 Advice that must be given before consent search undertaken

93 Circumstances where search by consent unlawful

94 Ability of persons under 14 years to consent to searches of places, vehicles, or other things

95 Exceptions to consent search rules

96 Application of sections 97 to 101

97 Interpretation

98 Application for search warrant

99 Application must be verified

100 Mode of application for search warrant

101 Retention of documents

102 Restrictions on issue of search warrant

103 Form and content of search warrant

104 Issuing officer may require search warrant report

105 Transmission of search warrant

106 When search warrant executed

107 When search warrant invalid

108 Authorisation of issuing officers

109 Application

110 Search powers

111 Items of uncertain status may be seized

112 Powers of persons called to assist

113 Limitation on exercise of powers

114 Securing place, vehicle, or other thing to be searched

115 Special powers where application for search warrant pending

116 Powers of detention incidental to powers to search places and vehicles

117 Powers of search incidental to power of arrest

118 Powers of search when suspect pursued

119 Moving vehicle for purpose of search, safekeeping, or road safety

120 Seizure of evidential material in plain view

121 Special rules about searching persons

122 Guidelines and rules about use of strip searching

123 Search warrants to enter and search vehicles

124 Power to require particulars

125 Duty to provide information

126 Duty of persons with knowledge of computer or computer network or other data storage devices to assist access

127 Identification and notice requirements for person exercising search power

128 Inventory of items seized

129 Compliance with certain provisions may be deferred in certain circumstances

130 Further postponement of, or dispensation from, obligation to comply with certain provisions

131 Recognition of privilege

132 Lawyers trust accounts

133 Privilege against self-incrimination

134 Other privileges

135 Effect of privilege on surveillance conducted under this Act

136 Effect of privilege on search warrants and search powers

137 Search warrants that extend to lawyers' premises or material held by lawyers

138 Search warrant extending to certain other privileged materials

139 Searches otherwise affecting privileged materials

140 Interim steps pending resolution of privilege claim

141 Claims for privilege for things sought to be seized or seized

142 Admission of evidence

143 Disposal of things seized or produced

144 Certain things must be returned

145 Custody of things seized or produced

146 Copies of things seized or produced

147 Extension of time for holding thing seized or produced

148 Disputed ownership of thing seized or produced

149 Seized or produced property forfeit to Crown if ownership not established

150 Application for release of or access to things seized or produced

151 Failure to comply with bond or conditions

152 Application to District Court for access to thing seized or produced

153 Application to District Court for release of thing seized or produced

154 Disposal of unlawful items

155 Disposal of forensic copies

156 Other copies and generated material may be retained

157 Immunities of issuing officer

158 Immunities in relation to the obtaining or execution of orders and warrants

159 Other immunities in relation to the exercise of entry, search, or surveillance powers

160 Immunity of the Crown

161 Relationship between sections 157 to 160 and other enactments

162 Reporting of exercise of powers within law enforcement agency

163 Annual reporting of search and surveillance powers

164 Information to be included in report on surveillance device warrants and residual warrants

165 Failing to comply with examination order

166 Failing to comply with production order

167 False application for examination order, production order, search warrant, surveillance device warrant, or residual warrant

168 Leaving search location in breach of direction

169 Offences relating to stopping vehicles

170 Offence of failing to carry out obligations in relation to computer search

171 Offence to disclose information acquired through search or surveillance

172 Effect of proceedings

173 Service of orders and notices

174 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997

175 Amendments to Animal Products Act 1999

176 Amendment to Antarctic Marine Living Resources Act 1981

177 Amendments to Antarctica (Environmental Protection) Act 1994

178 Amendments to Aviation Crimes Act 1972

179 Amendment to Boxing and Wrestling Act 1981

180 Amendments to Civil Aviation Act 1990

181 Amendments to Conservation Act 1987

182 Amendments to Customs and Excise Act 1996

183 Amendments to sections 139 to 141 of Customs and Excise Act 1996

184 Amendments to sections 144 to 173 of Customs and Excise Act 1996

185 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences

186 Amendments to Part 17 of Customs and Excise Act 1996

187 Amendments to Dog Control Act 1996

188 Amendments to Electoral Act 1993

189 Amendments to Electoral Finance Act 2007

190 Amendments to Extradition Act 1999

191 Amendments to Films, Videos, and Publications Classification Act 1993

192 New section 110 substituted

193 Amendments to Financial Transactions Reporting Act 1996

194 Amendment to Food Act 1981

195 Amendments to Gambling Act 2003

196 Amendments to Hazardous Substances and New Organisms Act 1996

197 Amendments to Health Practitioners Competence Assurance Act 2003

198 Amendments to Human Assisted Reproductive Technology Act 2004

199 Amendments to Human Tissue Act 2008

200 Amendments to Immigration Advisers Licensing Act 2007

201 New sections 56 and 57 substituted

202 Other amendments to Immigration Advisers Licensing Act 2007

203 Amendments to International Crimes and International Criminal Court Act 2000

204 Amendments to International War Crimes Tribunals Act 1995

205 Amendments to Land Transport Act 1998

206 Amendments to Local Government Act 2002

207 Amendments to Marine Mammals Protection Act 1978

208 New section 14 substituted

209 Amendments to Marine Reserves Act 1971

210 Amendments to Maritime Security Act 2004

211 Amendments to Maritime Transport Act 1994

212 Amendments to Motor Vehicle Sales Act 2003

213 Amendments to National Parks Act 1980

214 Amendments to Overseas Investment Act 2005

215 Amendments to Ozone Layer Protection Act 1996

216 New section 25 substituted

217 Amendment to Petroleum Demand Restraint Act 1981

218 Amendments to Prostitution Reform Act 2003

219 Amendments to Radiation Protection Act 1965

220 Amendments to Radiocommunications Act 1989

221 Amendments to Reserves Act 1977

222 Amendments to Resource Management Act 1991

223 Amendments to Sale of Liquor Act 1989

224 Amendments to Trade in Endangered Species Act 1989

225 Amendments to Unsolicited Electronic Messages Act 2007

226 Amendments to Wild Animal Control Act 1977

227 Amendments to Wildlife Act 1953

228 Amendments to Wine Act 2003

229 Amendments to Commerce Act 1986

230 Amendments to Fair Trading Act 1986

231 Arms Act 1983 amended

232 Crimes Act 1961 amended

233 Local Government Act 1974 amended

234 Misuse of Drugs Act 1975 amended

235 Misuse of Drugs Amendment Act 1978 amended

236 Police Act 1958 amended

237 Summary Proceedings Act 1957 amended

238 Telecommunications (Residual Provisions) Act 1987 repealed

239 Regulations

240 Transitional provision in relation to reporting requirements

241 Transitional provision in relation to sections 198 to 199 of Summary Proceedings Act 1957

242 Review of operation of Act