Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ evidence of the person’s identity.

      (2) If a police officer:

      (a) makes a request under subsection (1); and

      (b) informs the person:

      (i) of the officer’s authority to make the request; and

      (ii) that it may be an offence not to comply with the request;

      the person commits an offence if:

      (c) the person fails to comply with the request; or

      (d) the person gives a name or address that is false in a material particular.

      Penalty: 20 penalty units.

      Note: A more serious offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code).

      (3) Subsection (2) does not apply if the person has a reasonable excuse.

      Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

      3UD Stopping and searching

      (1) A police officer may:

      (a) stop and detain the person for the purpose of conducting a search under paragraph (b); and

      (b) conduct one of the following searches for a terrorism related item:

      (i) an ordinary search or a frisk search of the person;

      (ii) a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person’s immediate control;

      (iii) a search of any vehicle that is operated or occupied by the person;

      (iv) a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place.

      Conditions relating to conduct of search of person

      (2) A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search.

      (3) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.

      Other conditions relating to conduct of search of person or thing

      (4) In searching a thing (including a vehicle) under subsection (1), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:

      (a) the person has been given a reasonable opportunity to open the thing or part of it; or

      (b) it is not possible to give that opportunity.

      3UE Seizure of terrorism related items and serious offence related items

      If a police officer:

      (a) conducts a search under section 3UD; and

      (b) finds, in the course of the search, a thing that is:

      (i) a terrorism related item; or

      (ii) a serious offence related item;

      the officer may seize the thing.

      3UEA Emergency entry to premises without warrant

      (1) A police officer may enter premises in accordance with this section if the police officer suspects, on reasonable grounds, that:

      (a) it is necessary to exercise a power under subsection (2) in order to prevent a thing that is on the premises from being used in connection with a terrorism offence; and

      (b) it is necessary to exercise the power without the authority of a search warrant because there is a serious and imminent threat to a person’s life, health or safety.

      (2) The police officer may:

      (a) search the premises for the thing; and

      (b) seize the thing if he or she finds it there.

      (3) If, in the course of searching for the thing, the police officer finds another thing that the police officer suspects, on reasonable grounds, to be relevant to an indictable offence or a summary offence, the police officer may secure the premises pending the obtaining of a warrant under Part IAA in relation to the premises.

      (4) Premises must not be secured under subsection (3) for longer than is reasonably necessary to obtain the warrant.

      (5) In the course of searching for the thing, the police officer may also seize any other thing, or do anything to make the premises safe, if the police officer suspects, on reasonable grounds, that it is necessary to do so:

      (a) in order to protect a person’s life, health or safety; and

      (b) without the authority of a search warrant because the circumstances are serious and urgent.

      (6) In exercising powers under this section:

      (a) the police officer may use such assistance; and

      (b) the police officer, or a person who is also a police officer and who is assisting the police officer, may use such force against persons and things; and

      (c) a person (other than a police officer) who is authorised by the police officer to assist the police officer may use such force against things;

      as is necessary and reasonable in the circumstances.

      Notification

      (7) If one or more police officers have entered premises in accordance with this section, a police officer must, within 24 hours after the entry:

      (a) notify the occupier of the premises that the entry has taken place; or

      (b) if it is not practicable so to notify the occupier — leave a written notice of the entry at the premises.

      3UF Seizure notices

      Seizure notice to be served

      (1) A police officer who is for the time being responsible for a thing seized under section 3UE or 3UEA must, within 7 days after the day on which the thing was seized, serve a seizure notice on:

      (a) the owner of the thing; or

      (b) if the owner of the thing cannot be identified after reasonable inquiries — the person from whom the thing was seized.

      (2) Subsection (1) does not apply if:

      (a) both:

      (i) the owner of the thing cannot СКАЧАТЬ