105.3
In forcePolice officer detaining person under a preventative detention order
ScheduleThe Criminal Code
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 5The security of the Commonwealth
Part 5.3Terrorism
Division 105Preventative detention orders
Subdivision APreliminary
105.3 Police officer detaining person under a preventative detention order
If:
(a)
a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and
(b)
an obligation is expressed in this Division to be imposed on the police officer detaining the person;
the obligation is imposed at that time on:
(c)
if those police officers include only one AFP member—that AFP member; or
(d)
if those police officers include 2 or more AFP members—the most senior of those AFP members; or
(e)
if those police officers do not include an AFP member—the most senior of those police officers.
Note:
See also paragraph 105.27(2)(c).
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