Persons assisting authorised officers
366 Persons assisting authorised officers
Authorised officers may be assisted by other persons
An authorised officer may be assisted by other persons in exercising powers and performing functions or duties under Part 4, 5 or 6 if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the authorised officer.
Powers of a person assisting the authorised officer
A person assisting the authorised officer:
may enter premises, if it is necessary for the authorised officer to enter those premises to exercise powers under Part 4, 5 or 6; and
may exercise powers under those Parts for the purposes of assisting the authorised officer; and
must enter premises and exercise powers in accordance with any direction given to the person assisting by the authorised officer.
Premises includes a conveyance (see paragraph (a) of the definition of premises in section 12).
A person assisting an authorised officer who has entered premises under section 347 may use such force against things as is necessary and reasonable in the circumstances (see section 349).
A direction given under paragraph (2)(c) in writing is not a legislative instrument (see subsection 309(4)).
Powers exercised in assisting an authorised officer
A power exercised by a person in assisting an authorised officer as referred to in this section is taken for all purposes to have been exercised by the authorised officer.
This Act’s bill:Explanatory memorandumSecond reading speech
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