Section 78D — Crimes Act 1961: Search without warrant

78D Search without warrant (1) Where a commissioned officer of the Police is satisfied that there is reasonable ground for believing— (a) That there is in any building, aircraft, ship, hovercraft, carriage, vehicle, box, receptacle, premises, or place— (i) Any thing upon or in respect of which an offence against section 78 of this Act has been or is suspected of having been committed; or (ii) Any thing which there is reasonable ground to believe will be evidence as to the commission of any such offence; or (iii) Any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence; and (b) That the case is one of great emergency and that immediate action is necessary,—

he may by a written order signed by him give to any member of the Police the like authority that may be given by a search warrant issued under section 198 of the Summary Proceedings Act 1957 , and the provisions of that section shall apply accordingly with all necessary modifications. (2) Every member of the Police exercising the authority conferred by an order made under subsection (1) of this section shall identify himself to any person in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place who questions his right to enter and search it, and shall also tell such person that the search is being made pursuant to that subsection. He shall also, if not in uniform and if so required, produce evidence that he is a member of the Police. (3) Any commissioned officer of Police who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which he exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised. Sections 78A to 78D were inserted, as from 1 July 1983, by section 2(1) Crimes Amendment Act (No 2) 1982 (1982 No 157).