Power to detain
8 Power to detain
An officer may detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the 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, if the officer has reasonable grounds to believe that the person:
is not an Australian citizen or an Australian resident; and
was on a foreign boat when it was used in the commission of such an offence.
Subclause (1) does not authorise an officer to use more force in detaining a person than is reasonably necessary.
Subclause (1) has effect, in relation to an offence against section 105E, 105EA, 105H or 105I, subject to any limitations set out in the regulations.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.