Environment Protection and Biodiversity Conservation Act 1999

For the purposes of facilitating an authorised officer determining whether or not to charge a person with an offence against an environmental law, or an offence against section 6 of the Crimes Act 1914 relating to such an offence, a detention officer may detain the person in Australia or a Territory if the detention officer has reasonable grounds to believe that the person:

has been detained by an authorised officer under Division 1; and

has been presented, while detained by that authorised officer, to a detention officer for detention by a detention officer.

However, the detention officer may not detain the person if the detention officer has reasonable grounds to believe that the person has ceased to be in detention since the last time the person was detained by an authorised officer under Division 1.

Subclause (1) does not authorise a detention officer to use more force in detaining a person than is reasonably necessary.