Criminal Code Act 1983

If a member of the Police Force suspects on reasonable grounds that:

a supervised person is failing or has failed to comply with the supervision order to which he or she is subject (including a supervision order that has just been varied);

the safety of a supervised person is at risk unless the supervised person is apprehended; or

the safety of the public is at risk if a supervised person is not apprehended,

the member may apprehend the supervised person.

A supervised person who is apprehended under subsection (1) must be detained:

if the supervised person is subject to a custodial supervision order – in the place where he or she is committed to custody under the supervision order; or

if the supervised person is subject to a non-custodial supervision order – in an appropriate place (which would, if there is no practicable alternative in the circumstances, be a custodial correctional facility or a police station).

If a supervised person who is apprehended under subsection (1) is subject to a non-custodial supervision order, an application for an order varying the non-custodial supervision order is to be made to the court under section 43ZD or 43ZE.