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Sch 1A (Provisions relating to), s 10

Detention officer may detain person already detained by officer

In force
Schedule 1AProvisions relating to detention of suspected illegal foreign fishers
Part 2Detaining suspected illegal foreign fishers
Division 2Continued detention by a detention officer

10 Detention officer may detain person already detained by officer

(1)

For the purposes of facilitating an officer determining whether or not to charge a person with an offence against section 99, 100, 100A, 100B, 101, 101A, 101AA, 101B, 105E, 105EA, 105H or 105I 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:

(a)

has been detained by an officer under Division 1; and

(b)

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

(2)

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 officer under Division 1.

(3)

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

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