Presumption about exercise of powers under prescribed authority

In force

A court must find the exercise of a power by a police officer or law enforcement officer was not authorised by a prescribed authority if—

(a)

an issue arises in a proceeding before the court whether the exercise of the power was authorised by a prescribed authority; and

(b)

the authority is not produced in evidence; and

(c)

it is not proved by the police officer or law enforcement officer relying on the lawfulness of the exercise of the power that a police officer or law enforcement officer obtained the prescribed authority.

This Act’s bill:Explanatory memorandum

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802 Presumption about exercise of powers under prescribed authority