New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 95A

95A Special arrangements for investigation of stolen vehicles

(1) A scene of crime officer may establish a crime scene in relation to a vehicle in a public place if:

(a) a vehicle has been reported as stolen by an owner or authorised user of the vehicle, and

(b) the scene of crime officer suspects on reasonable grounds that the vehicle in relation to which the crime scene is to be established is that stolen vehicle.

(2) Sections 91 and 93 apply in relation to a crime scene established by a scene of crime officer under this section in the same way as they apply to a crime scene established by a police officer.

(3) A scene of crime officer may exercise any investigatory powers in relation to the vehicle at the crime scene established under this section, without a warrant, if the scene of crime officer suspects on reasonable grounds that it is reasonably necessary to exercise the investigatory powers to preserve, or search for and gather, evidence of the theft of the vehicle.

(4) A scene of crime officer does not require the authority of a police officer to exercise investigatory powers under this section.

(5) A scene of crime officer may exercise the investigatory powers conferred by this section for a period of not more than 3 hours, commencing when the crime scene is established, unless a police officer obtains a crime scene warrant in respect of the crime scene.

(6) This section does not prevent a scene of crime officer from exercising any power, or doing any other thing, in relation to a vehicle if the owner or authorised user of the vehicle consents.

(7) For the purposes of this section, "investigatory powers" are the crime scene powers referred to in section 95 (1) (g)-(j) and (l)-(o), including section 95 (1) (p) as it applies to those powers.