Western Australian Numbered Acts Western Australian Numbered Acts (1) The powers in this
section may be exercised in a public place by a police officer —
(a) if
the place is prescribed;
(b) if
the place is the subject of a written declaration made under
subsection (2); or
(c) if
the officer reasonably suspects that it is necessary to exercise the powers
for the purposes of safeguarding the place or people who are in or may enter
the place.
(2) If a senior police
officer is of the opinion that it is necessary to do so to safeguard a
particular public place or people who are in or may enter the place, the
officer may declare the place to be one where the powers in this section may
be exercised by a police officer.
(3) A senior police
officer who makes such a declaration must make a written record of it
and —
(a) the
public place to which it applies;
(b) the
date and time it was made;
(c) the
period for which it will be in force, which must not be more than 48 hours;
and
(d) the
reasons for making it.
(4) If the powers in
this section may be exercised in a public place by a police officer, the
officer —
(a)
having informed a person who is about to enter the place that entry will be
refused unless the person consents —
(i)
to undergoing a basic search; and
(ii)
if the person is in charge of a vehicle, to a search of
the vehicle,
may order the person
not to enter the place if the person does not consent; or
(b)
having informed a person who is in the place that he or she will be ordered to
leave the place unless the person consents —
(i)
to undergoing a basic search; and
(ii)
if the person is in charge of a vehicle, to a search of
the vehicle,
may order the person
to leave the place if the person does not consent.
(5) If a person does
not obey an order given by a police officer under subsection (4), the
officer may physically enforce the order.
(6) If a person who is
about to enter or is in a public place consents to undergoing a basic search
by a police officer, the officer —
(a) may
do a basic search for the purpose of searching for any thing that the officer
reasonably suspects does or may endanger the place or people who are in or may
enter it; and
(b) may
seize any such thing found.
(7) A thing so seized
from a person must be made available to be collected by the person when or as
soon as practicable after he or she leaves the place, unless it may be
lawfully seized and retained under another provision of this Act or under
another written law.
(8) The
Criminal and Found Property Disposal Act 2006 applies to and in relation to a
thing so seized that is made available to but not collected by the person.
(9) If a police
officer doing a search under this section finds a thing which is not a thing
referred to in subsection (6) but which is a thing relevant to an
offence, the officer —
(a) may,
subject to section 146, seize it; and
(b)
whether or not the officer seizes it, may do a forensic examination on it.