Western Australian Current Acts

MISUSE OF DRUGS ACT 1981 - SECT 23

23 .         Powers of police officers when things suspected of being used in commission of offences

        (1)         Subject to this section, if there are reasonable grounds to suspect that any thing whatsoever —

            (a)         with respect to which an offence has been, or is suspected to have been, or may be committed; or

            (b)         which has been, or is suspected to have been, or may be used for the purpose of committing an offence; or

            (c)         which may provide evidence in respect of an offence,

                is in the possession of a person, a police officer may, using such force as is reasonably necessary and with such assistance as the officer considers necessary, stop and detain the person and search the person together with any baggage, package, vehicle or other thing of any kind whatsoever found in the person’s possession, and for that purpose may stop and detain any vehicle.

        (1A)         In relation to a search of a person under subsection (1) conducted by a police officer exercising the powers conferred by section 20T or 20U —

            (a)         subsections (2), (3) and (4) do not apply; and

            (b)         the Criminal Investigation Act 2006 sections 70(2) and (3) and 71(2) apply as if the police officer were authorised under that Act to conduct a basic search of the person.

        (1B)         Nothing in subsection (1A)(b) limits the operation of the Criminal Investigation Act 2006 Part 8 Division 3.

        (2)         A person must not be searched under subsection (1) except by —

            (a)         a person of the same sex as the firstmentioned person; or

            (b)         a medical practitioner.

        (3)         A police officer who wishes to search a person under subsection (1) may, if it is not then and there practicable to comply with subsection (2) in relation to the person —

            (a)         detain the person until; or

            (b)         detain the person and convey him to a place where,

                it is practicable for subsection (2) to be complied with in relation to the person.

        (4)         A person must not be detained, or detained and conveyed, under subsection (3) for longer than is reasonably necessary under the circumstances for the purpose of complying with subsection (2) in relation to the person.

        [Section 23 amended: No. 16 of 2023 s. 7.]