Police have a range of powers to search persons, premises, vehicles and vessels and seize property. See the Law Handbook page on Search and seizure for information about general police powers to search.

The information in this page focusses on the specific police powers that apply to searching persons in public places for weapons.

Special search powers to prevent serious violence

Under s 66Y of the Summary Offences Act 1953 (SA), a police officer of or above the rank of Superintendent may authorise the use of special search powers in relation to a specified area if there are reasonable grounds to believe that an incident of serious violence involving a group or groups of people may take place in the area, and that the exercise of search powers is reasonably necessary to prevent the incident. An authorisation must be in writing (or, if urgent, reduced to writing as soon as possible), must specify the area to which it relates, and may only operate for up to 24 hours [s 66Y(2)].

Once an authorisation has been granted under s 66Y, a police officer may, for the purpose of locating weapons or other articles in the area specified in the authorisation, search any person who is in, entering or leaving the specified area and search their property [s 66Y(4)]. This may include a metal detector search.

Metal detector searches to prevent violence or disorder in public places

Under s 66Z of the Summary Offences Act 1953 (SA), the Commissioner of Police may authorise the use of search powers in relation to a specified public place if there are reasonable grounds to believe that an incident of violence or disorder may take place in the area, and that the exercise of search powers is reasonably necessary to prevent the incident. An authorisation must be in writing (or, if urgent, reduced to writing as soon as possible), must specify the public place to which it relates, and may only operate for up to 6 hours [s 66Z(2)].

Once an authorisation has been granted under s 66Z, a police officer may, for the purpose of detecting the commission of an offence against Part 3A of the Summary Offences Act 1953 (SA) (a weapons-related offence), search any person who is in, entering or leaving the public place to which the authorisation relates and search their property [s 66Z(3)]. The search must be a metal detector search at first instance [s 66Z(4)]. If metal is detected, the police officer may require the person to produce the items detected. If the person refuses, the police officer may continue to search them to locate the items.

Metal detector searches of certain persons

Under s 66ZA of the Summary Offences Act 1953 (SA), a police officer may search the following persons for the purpose of detecting the commission of an offence against Part 3A (a weapons-related offence):

A person who falls into one or more of these categories may be searched (including their property) if they are in, entering or leaving any public place [s 66ZA(2)].

The search must be a metal detector search at first instance [s 66ZA(4)]. If metal is detected, the police officer may require the person to produce the items detected. If the person refuses, the police officer may continue to search them to locate the items.

Metal detector searches at certain events and places

Under s 66ZB of the Summary Offences Act 1953 (SA), a police officer may, for the purpose of detecting the commission of an offence against Part 3A (a weapons-related offence), search any person (and their property) in, entering or leaving one of the following places or vehicles:

The search must be a metal detector search at first instance [s 66ZB(3)]. If metal is detected, the police officer may require the person to produce the items detected. If the person refuses, the police officer may continue to search them to locate the items.

Police must notify a person in a position of responsibility in respect of the relevant place or vehicle before exercising search powers in relation to the place or vehicle [s 66ZC]. This may be, for example, the licensee for a licenced premises, or the organiser of the declared public event. Further details are to be prescribed by regulation.

Other than in respect of licensed premises, the exercise of search powers under s 66ZB is contingent upon a declaration of the Commissioner of Police under s 66ZD (for a place of worship), s 66ZE (for a public event), s 66ZF (for a shopping precinct), s 66ZG (for a public transport hub) or s 66ZH (for a public transport vehicle providing a public transport service). Declarations will generally remain in force until revoked, with the exception of declarations of public events, which may only remain in force from the start of the day on which the event starts until the end of the day on which the event ends.

In addition to these extended search powers, police may order a person or group who is in an area or on a vehicle subject to s 66ZB search powers to leave the area or vehicle, if of the view that they may commit an offence that may risk public order and safety, or their presence poses a risk to public order and safety [s 66ZI]. It is an offence to remain in the area or vehicle or return to the area or vehicle if ordered to leave, with a maximum penalty of a fine of $1,250 [s 66ZI(3)]. Police may use reasonable force to remove someone who has refused to leave or returned [s 66ZI(4)].

It is also an offence to hinder or obstruct a police officer exercising search powers under Part 14C, or refuse to comply with a police direction under Part 14C, with a maximum penalty of $2,500 or imprisonment for 6 months [s 66ZJ(6)].