Consent Search

Question 1

92

Answer 1

Purposes for which consent search may be undertaken

(a)
to prevent the commission of an offence:
(b)
to protect life or property,
or to prevent injury or harm:
(c)
to investigate whether an offence has been committed:

Question 2

93

Answer 2

Advice that must be given before consent search undertaken
Before conducting a search by consent, the enforcement officer who proposes to conduct it must—
(a)
determine that the search is for a purpose authorised by section 92; and
(b)
advise the person from whom consent is sought of the reason for the proposed search; and
(c)
advise the person that he or she may either consent to the search or refuse to consent to the search.

Question 3

94

Answer 3

Circumstances where search by consent unlawful
A search by consent is unlawful if—
(a)
it is not for a purpose set out in section 92; or
(b)
the enforcement officer fails to comply with section 93(a), (b), or (c); or
(c)
the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.

Question 4

95

Answer 4

Ability of persons under 14 years to consent to searches of places, vehicles, or other things
(1)
A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.
(2)
Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle.

Question 5

96

Answer 5

Exceptions to consent search rules
Sections 92 to 95 do not—
(a)
apply to a search conducted as a condition of entry to any public or private place; or
(b)
apply to a search conducted in accordance with a power conferred by an enactment; or
(c)
affect the rule of law relating to the implied licence to enter property.