Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
Sch 1A (Provisions relating to), s 12

Power to move detainees

In force
Schedule 1AProvisions relating to detention of suspected illegal foreign fishers
Part 2Detaining suspected illegal foreign fishers
Division 4Moving detainees

12 Power to move detainees

(1)

An officer or a detention officer may:

(a)

take a detainee in Australia to another place in Australia or to a place in an external Territory; and

(b)

take a detainee in an external Territory to another place in the Territory or to a place in Australia or another Territory.

(2)

Subclause (1) does not authorise an officer or detention officer to use more force than is reasonably necessary to take the detainee to the place.

(3)

In exercising the power under subclause (1), the officer or detention officer must have regard to all matters that he or she considers relevant, including:

(a)

the administration of justice; and

(b)

the welfare of the detainee.

(4)

So far as it relates to an officer, subclause (1) has effect, in relation to a person detained in relation to an offence against section 105E, 105EA, 105H or 105I, subject to any limitations set out in the regulations.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.