Section 314B — Crimes Act 1961: General power to stop vehicles

314B General power to stop vehicles (1) Any member of the Police may stop a vehicle for the purpose of conducting a search under a statutory search power if the member of the Police is satisfied that,— (a) In respect of a statutory search power to search without a warrant, the ground or grounds, as the case may be, for exercising that statutory search power, as set out in the applicable statute, exist; or (b) In respect of a statutory search power to search with a warrant, the warrant has been issued and is in force. (2) Any member of the Police who stops a vehicle under subsection (1) must— (a) Be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or (b) Be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren. (3) A person driving a vehicle must stop the vehicle as soon as is practicable on being required to do so by a member of the Police exercising the stopping power conferred by subsection (1) . (4) Every member of the Police exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,— (a) Identify himself or herself to the driver of the vehicle; and (b) Tell the driver that the stopping power is being exercised under this section for the purpose of exercising a statutory search power; and (c) Tell the driver the statutory search power in respect of which the stopping power is being exercised; and (d) If not in uniform and if so required, produce evidence that he or she is a member of the Police. (5) Subsection (4) does not limit any other duties that a member of the Police must carry out when exercising the applicable statutory search power. (6) Despite subsection (5) , a member of the Police need not carry out any duty that is contained in the applicable statutory search power if that duty is exactly the same as a duty contained in subsection (4) . (7) This section does not limit or affect the powers of any person other than a member of the Police under any power of search conferred by statute. Sections 314A to 314D and the preceding heading were inserted, as from 1 January 1998, by section 21 Crimes Amendment Act (No 2) 1997 (1997 No 93).