Print PageFind ComponentFind LegislationHistory ON
Police Service Act 2003 (No. 75 of 2003)
Requested:  23 Sep 2014
Consolidated as at:  21 Feb 2012

PART 5A - Detector dogs

82A. Interpretation of Part 5A

In this Part –

detector dog includes a police dog and any other dog trained or used by a law enforcement agency to detect any substance or item;
detector-dog handler means a person, whether a police officer or not, whose duties include handling a detector dog;
screen means to conduct, using a detector dog, an examination of a person, vehicle, vessel, aircraft, premises or any other structure.

82B. Use of detector dogs

      (1) A police officer who enters, or is on or in, a particular place in the performance of his or her duties as a police officer, may be accompanied –

(a) by a detector dog; and

(b) if the officer is not a detector-dog handler, by a detector-dog handler.

      (2) Where a police officer is authorised, under this or any other legislation, to search a person, vehicle, vessel, aircraft, premises or any other structure, the officer may screen the person, vehicle, vessel, aircraft, premises or structure in the process of conducting the search.

      (3) A police officer may, in the performance of his or her duties as a police officer, without a warrant, screen the following persons:

(a) persons at, near or seeking to enter or leave any part of premises being used for the consumption of liquor that is sold at the premises (other than a person in a part of premises being used primarily as a restaurant or other dining place);

(b) persons at, near or seeking to enter or leave a place at which a sporting event, concert or other artistic performance, parade or other entertainment is being held;

(c) persons on, near or seeking to enter or leave a motor vehicle, vessel or aircraft.

      (4) A police officer may detain a person, or cause him or her to be detained, for the purpose of conducting a screen.

      (5) It is the duty of a police officer to ensure that he or she does not cause a person to be detained for a period longer than is necessary for the proper exercise of the powers conferred by this section.

82C. Protection from liability

The Crown, a police officer and a detector-dog handler are not liable to any action, liability, claim or demand merely because a detector dog entered, or was in or on, premises as provided by this Part or because a detector dog initiated, or inadvertently made, contact with a person.

82D. Offences

      (1) A person must not without lawful excuse strike, injure, maim or kill a detector dog.

Penalty:

Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.

      (2) A person must not without lawful excuse do anything likely to impede or interfere with the effective use of a detector dog.

Penalty:

Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.


CURRENT VIEW: 1 Jul 2010 - 1 Jul 2012