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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 20:29)
Part 13
Part 13 Use of dogs to detect firearms and explosives
193   Definitions
(cf Firearms Act 1996, s 72A)
In this Part—
general firearms or explosives detection is the detection or tracking of firearms or explosives, including live or spent ammunition or any residue from a firearm or explosive, in a public place (including in any vehicle in a public place or in the possession of a person who is in a public place).
relevant firearms or explosives offence means an offence under the Firearms Act 1996 or any other Act involving the possession or use of a firearm or explosive.
194   Part does not confer power of entry or detention
(cf Firearms Act 1996, s 72B)
Nothing in this Part confers on a police officer a power—
(a)  to enter any premises that the officer is not otherwise authorised to enter, or
(b)  to detain a person whom the officer is not otherwise authorised to detain.
195   General authority to use dogs for detecting firearms or explosives
(cf Firearms Act 1996, s 72C)
(1)  If a police officer is authorised to search a person for the purpose of detecting a relevant firearms or explosives offence, the officer is entitled to use a dog for that purpose.
(2)  A police officer is, for the purpose of detecting a relevant firearms or explosives offence, entitled to be accompanied by a dog under the officer’s control if the officer is entitled to enter, or be in or on, particular premises in the exercise of the officer’s functions.
(3)  Neither the State nor a police officer is liable to any action, liability, claim or demand merely because a dog entered, or was in or on, premises as provided by subsection (2).
196   General firearms or explosives detection using dogs
(cf Firearms Act 1996, s 72D)
(1)  A police officer is authorised to use a dog to carry out general firearms or explosives detection without a warrant.
(2)  A police officer carrying out general firearms or explosives detection under this section is to take all reasonable precautions to prevent the dog touching a person.
(3)  A police officer is required to keep a dog under control when the officer is using the dog to carry out general firearms or explosives detection under this section.
(4)  The provisions of this section do not affect the search of a person whom a police officer reasonably suspects is committing a relevant firearms or explosives offence.