Police Administration Act 1978

This section applies if:

a member of the Police Force has arrested a person without a warrant under section 123; and

the person was arrested because the member believed on reasonable grounds that the person had committed, was committing or was about to commit, an offence that is an infringement notice offence.

The member may take the person into custody and:

hold the person for a period up to 4 hours; or

if the person is intoxicated – hold the person for a period longer than 4 hours until the member believes on reasonable grounds that the person is no longer intoxicated.

The member, or any other member, on the expiry of the period mentioned in subsection (2), may:

release the person unconditionally; or

release the person and issue the person with an infringement notice in relation to the infringement notice offence; or

release the person on bail; or

under section 137, bring the person before a justice of the peace or court for the infringement notice offence or another offence allegedly committed by the person.

For deciding how to deal with the person under subsection (3), the member, or another member, may question the person about the infringement notice offence, or any other offence in relation to which the person is of interest to police.