Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 90B

Seizure of certain substances found in vehicles, &c.
(1)  Where a police officer believes on reasonable grounds that there is –
(a) in the possession of any person in a public place;
(b) on or in any vehicle in a public place;
(c) on any animal in a public place;
(d) on or in any boat, whether underway or not; or
(e) on or in any aircraft
any raw narcotic, narcotic substance, prohibited substance, section 36 substance, or prohibited plant in relation to which an offence under this Act is being or has been committed, he may, without warrant and with such assistance as he considers necessary –
(f) search the person and detain him for the purpose of carrying out the search;
(g) search the vehicle, animal, boat, or aircraft;
(h) seize or seize and remove the vehicle, animal, boat, or aircraft; and
(i) seize or seize and remove –
(i) any substance found in or on the person, vehicle, animal, boat, or aircraft which the inspector or police officer believes is or contains a raw narcotic, narcotic substance, prohibited substance, section 36 substance, or prohibited plant; or
(ii) any money or valuable thing found in or on the person, animal, vehicle, boat, or aircraft
in relation to which the police officer believes an offence under this Act is being or has been committed.
(2)  Where, pursuant to subsection (1) , a police officer searches or is empowered to search a person, the police officer may arrest the person without warrant if the police officer believes on reasonable grounds that the person is committing or has committed an offence under this Act in relation to a raw narcotic, a narcotic substance, a prohibited substance, a section 36 substance, or a prohibited plant.
(3)  In this section, a reference to a search of a person includes a reference to any clothing worn by the person and any article that may be in his possession.
(4)  In this section, section 36 substance means a substance to which section 36 applies.



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