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News (Media Awareness Project) - Australia: New Laws For Police To Search Cars
Title:Australia: New Laws For Police To Search Cars
Published On:1998-11-11
Source:Daily Telegraph (Australia)
Fetched On:2008-09-06 20:34:22
Our Newshawk notes: It is the possible abuses of this law that are most
important.

NEW LAWS FOR POLICE TO SEARCH CARS

POLICE will be allowed to erect road blocks, pull over drivers, search
their vehicles and demand IDs in response to last week's drive-by attack at
Lakemba.

In a win for Police Commissioner Peter Ryan, the State Government yesterday
announced it would introduce legislation into State Parliament this week
allowing police the extra powers.

Police Minister Paul Whelan said the powers were needed to ensure future
investigations were not stifled by legal loopholes.

"Since the shooting attack at Lakemba police station, two limitations in
police powers have been identified," he told Parliament.

"Gaps or deficiencies which have been allowed to remain could limit the
effectiveness of police response."

The legislation delivers precisely the powers Mr Ryan requested after a
gang showered his officers with bullets in a drive-by attack on Lakemba
police station earlier this month. Mr Ryan said the reforms could help
police catch gangs engaging in drive-by shootings.

Until now, police powers to stop and search vehicles have been limited to a
particular vehicle.

If police suspected a bomb was in a car at a specific location, existing
provisions would not allow for a search of all vehicles at that location.

If an escaped prisoner was suspected to be travelling along a particular
route, police would not have the power to set up a road block.

And until now, police powers to demand driver identification have been
limited to traffic breaches.

The decision to grant new powers appears to be at odds with comments by
Attorney-General Jeff Shaw who argued against further expanding police
powers immediately after the Lakemba attack.

Mr Shaw warned that the shooting, "however terrible, should not usher in
draconian and anti-democratic laws".

"I don't think it should precipitate calls for massive expansion of police
powers, for example," Mr Shaw told a crime conference.

The next day Mr Ryan put Premier Bob Carr on the spot at a joint press
conference by outlining the extra police powers he desired.

Asked if he would back the reforms, Mr Carr said police would be "given
anything they needed" to help solve crimes.

Police will be allowed to set up a road block for up to six hours, after
which they must seek authorisation for an extension from an officer.

Failure to comply with the new legislation will carry a $5000 fine or 12
months' jail.

Checked-by: Mike Gogulski
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