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s 36

Return of person not charged to place of arrest or other place

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Part 3Police officers of State exercising powers in another participating jurisdiction
Division 1Powers generally

36 Return of person not charged to place of arrest or other place

(1)

Subsection (2) applies if a person being kept in custody by a police officer of the State in another participating jurisdiction under section 34(2)(a) is released without charge.

(2)

A police officer of the State must take reasonable steps to ensure the person is taken, at the person’s election —

(a)

back to the place where the person was arrested; or

(b)

to a place reasonably nominated by the person.

(3)

Subsection (2) does not require the person to be taken to a place if to do so is likely to endanger the person’s or another person’s safety.

[Section 36 amended: No. 1 of 2010 s. 7.]

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