TERRORISM (PREVENTION AND PROHIBITION) ACT
Section 64: Investigation and search without warrant.
(1) Where in a case of verifiable urgency or a life is threatened, or to prevent the commission of an offence under this Act, and an application to the Court to obtain a warrant would cause delay that may be prejudicial to the maintenance of public safety or order, an officer of a relevant agency may, without prejudice to the provisions of section 63 of this Act or any other law, with the assistance of other officers, as may be necessary and while search warrant is being sought for —
(a) enter and search any premises, place or conveyance, where there are reasonable grounds to suspect that within those premises, place or conveyance—
(i) an offence under this Act is being committed or likely to be committed;
(ii) there is evidence of the commission of an offence under this Act; or
(iii) there is an urgent need to prevent the commission of an offence under this Act;
(b) search any person or conveyance found on any premises or place which the officer is empowered to enter and search under paragraph (a) of this subsection;
(c) stop, board and search any conveyance where the authorised officer of the relevant agency has reasons to suspect that there is evidence of the commission or likelihood of the commission of an offence under this Act;
(d) seize, remove and detain anything which is, contains or appears to him to be or to contain or to be likely to contain, evidence of the commission of an offence under this Act; or
(e) arrest, search and detain any person whom the officer reasonably suspects to have committed or is likely to commit an offence under this Act.
(2) Where a seizure is effected in the course of search or investigation under this section, a copy of the list of all the articles, documents and other materials seized shall be made, duly endorsed and handed to the—
(a) person on whom the search is made; or
(b) owner of the premises, place or conveyance searched.
(3) Notwithstanding the provisions of subsection (1), a woman shall only be searched by a woman.
(4) An authorised officer of a relevant agency, who uses such force as may be necessary and proportionate for any purpose in accordance with this Act, shall not be liable in any criminal or civil proceedings, for having, by the use of reasonable force, caused injury or death to any person or damage to or loss of any property.
(5) A relevant agency shall, within 90 days of exercising the powers conferred by this section, provide a detailed report to the Attorney-General on the exercise of the powers, describing the urgency or life-threatening situation that necessitated the exercise of the powers with justification on why obtaining a warrant would have caused delay that may be prejudicial to the maintenance of public safety or order.
Cite this section
Section 64, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).
https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/64/