South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 66ZJ

66ZJ—General provisions relating to operation of Part

        (1)         The Commissioner must establish procedures to be followed by police officers in the exercise of powers under this Part, being procedures designed to prevent, as far as reasonably practicable, any undue delay, inconvenience or embarrassment to persons being subjected to the powers.

        (2)         A police officer must ensure that any exercise of powers under this Part does not unreasonably interfere with a person's right to participate in lawful advocacy, protest, dissent or industrial action.

        (3)         A police officer may, in exercising powers under this Part, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of, and in the presence of, a police officer).

        (4)         A police officer conducting a search under this Part may—

            (a)         enter and remain in any premises or place necessary for the purpose of conducting the search; and

            (b)         give such directions as are reasonably necessary for, or incidental to, the effective conduct of the search; and

            (c)         give such directions as are reasonably necessary to determine the nature of anything found as a result of the search.

        (5)         A police officer may only detain a person, by directions given under this Part, for so long as is reasonably necessary to carry out a search in relation to the person and any property in the possession of the person.

        (6)         A person must not—

            (a)         hinder or obstruct a police officer, or a person accompanying a police officer, in the exercise of the powers conferred by this Part; or

            (b)         refuse or fail to comply with a requirement made of the person, or a direction given to the person, under this Part.

Maximum penalty: $2 500 or imprisonment for 6 months.

        (7)         To avoid doubt, a search may be conducted in accordance with this Part whether or not it would be lawful to conduct a search in accordance with any other provision of this Act or any other Act or law.