Power of detention to enable notice to be given
72 Power of detention to enable notice to be given
This section applies if there are reasonable grounds to suspect that a person is a reportable offender and that the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.
A police officer may detain the person if it is reasonably necessary to do so —
to enable a determination to be made as to whether or not the person is a reportable offender, or if the person is a reportable offender, as to whether or not the person has been given notice, or is aware, of the person’s reporting obligations; and
to enable the person to be given notice of those obligations if the person is not aware of them.
In detaining the person, the police officer must tell the person —
why the person is being detained; and
that the detention is authorised under this Act; and
that the person will be released immediately after the purpose of the detention is fulfilled.
The detained person —
must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled; and
must not be held merely because the person has refused to sign an acknowledgment that the person has been given notice of the person’s reporting obligations; and
must be released immediately after the purpose of the detention is fulfilled.
[Section 72 amended: No. 31 of 2024 s. 28.]
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