Western Australian Current Acts Western Australian Current Acts (1) In this section
—
search includes doing a preliminary drug detection
test.
(2) Under a vehicle
search authorisation, a police officer may do one or more of the following in
relation to a vehicle in the drug detection area set out in the authorisation
—
(a)
require the driver of the vehicle to stop the vehicle;
(b)
enter and search any part of the vehicle;
(c)
detain the vehicle for a reasonable period in order to search the vehicle;
(d) move
the vehicle to a place suitable to search the vehicle;
(e)
require a person to open any part of the vehicle;
(f)
require the driver, or a passenger, of the vehicle not to leave, or to remain
in, the vehicle;
(g) take
any action that is reasonably necessary in order to search the vehicle.
(3) A police officer
has reasonable grounds to suspect that any thing referred to in
section 23(1)(a), (b) or (c) is in the possession of a person, if a
preliminary drug detection test in relation to a vehicle in which the person
is, or was, the driver or a passenger, indicates the detection of any of the
following —
(a) a
prohibited drug;
(b) a
prohibited plant;
(c) a
controlled precursor.
(4) Section 25 applies
as if the reference in subsection (1) of that section to a police officer
exercising the powers conferred by section 22 or 23 included a reference to a
police officer exercising the powers conferred by subsection (2) of this
section.
(5) Section 26 applies
as if —
(a) the
reference in subsection (1)(a)(i) and (ii) of that section to a dangerous
substance included a reference to a controlled precursor; and
(b) the
reference in subsection (1) of that section to the exercise of the powers
conferred by section 22 or 23 included a reference to the exercise of the
powers conferred by subsection (2) of this section.
[Section 20G inserted: No. 47 of 2016 s. 5.]