Commentary Schedule 2 – Seizure and forfeiture of terrorist publications Section 30 – Extension to internal waters of authorisations to stop and search
142.This section amends sections 44 and 45 of the TACT. Section 44 provides that an authorisation may be given for a particular police area or part of a police area and under the authorisation a constable may stop a vehicle in the area and search the vehicle, the driver of the vehicle, a passenger in the vehicle and anything on or in the vehicle or carried by the driver or a passenger. Subsection (2)adds a new subsection to section 44 to enable an authorisation under section 44 to include internal waters adjacent to any area or place specified under section 44(4) or part of such internal waters.Subsections (3) and (4)make amendments to sections 44 and 45 to ensure that “driver” in those sections makes sense in the context of a vehicle which is not a car. “Driver” is defined in Section 52 of the TACT as including the person who was driving the vehicle when it was left on a road, if it was left on a road. Under section 45 a constable may seize an article found during a search under section 44.