Search Introduction

Question 1

What is the purpose of the S & S Act?

Answer 1

• Modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies
• Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments
• Ensuring investigative tools are effective and adequate for law enforcement needs.

Question 2

How do you meet the obligations and comply with the Act?

Answer 2

• ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force
• conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers
• only seize what Police are lawfully entitled to seize
• provide appropriate announcements and identification in the exercise of those powers
• satisfy requirements detailed in the Act* ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force
• conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers
• only seize what Police are lawfully entitled to seize
• provide appropriate announcements and identification in the exercise of those powers
• satisfy requirements detailed in the Act