South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 66Y

66Y—Special search powers to prevent serious violence

        (1)         A police officer of or above the rank of Superintendent may authorise the exercise of powers under this section in relation to a specified area if there are reasonable grounds to believe—

            (a)         that an incident of serious violence involving a group or groups of people may take place in the area; and

            (b)         that the exercise of such powers is reasonably necessary to prevent the incident.

        (2)         An authorisation under this section, or a variation or revocation of an authorisation—

            (a)         must be granted in accordance with guidelines (if any) issued by the Commissioner; and

            (b)         must be by instrument in writing unless the police officer granting, varying or revoking the authorisation is satisfied that circumstances of urgency exist (in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable); and

            (c)         must specify the area to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and

            (d)         must specify the grounds for granting the authorisation; and

            (e)         must specify a period of not more than 24 hours during which the authorisation operates; and

            (f)         may be subject to conditions specified by the police officer granting the authorisation.

        (3)         The period during which an authorisation under this section operates may, in the case of an area that was previously the subject of such an authorisation, only commence within 48 hours of the previous authorisation ceasing to operate with the consent of the Commissioner (which may only be given if the Commissioner is satisfied that it is in the public interest to do so).

        (4)         A police officer may, for the purpose of locating weapons and other articles in an area that is the subject of an authorisation under this section, carry out a search (which may, but need not, be a metal detector search) of—

            (a)         any person who is in, or is apparently attempting to enter or to leave, the area; and

            (b)         any property in the possession of such a person.