Search and Surveillance Bill

  • enacted

Subpart 7AWarrantless powers in relation to offences against section 78 of Crimes Act 1961

23A Warrantless searches if offence against section 78 of Crimes Act 1961 suspected
  • (1) A constable may, without a warrant, carry out a search in the circumstances set out in subsection (2).

    (2) The circumstances are that there are reasonable grounds—

    • (a) to suspect that an offence against section 78 of the Crimes Act 1961 has been, is being, or will be committed and that the case is one of great urgency and requires immediate action; and

    • (b) to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence.

    Compare: 1961 No 43 s 78D