Powers to request particulars and detain for purposes of service
321 Powers to request particulars and detain for purposes of service
If a police officer reasonably suspects that someone is a person on whom a firearms prohibition order is required to be served, the police officer may do any 1 or more of the following —
direct the person to stop;
direct the person to provide their personal details;
direct the person to remain at a particular place for as long as is reasonably necessary (but no longer than 2 hours) to serve the firearms prohibition order;
direct the person to accompany the police officer to the nearest police station or some other place and remain there for as long as is reasonably necessary (but no longer than 2 hours) to serve the firearms prohibition order.
If a police officer reasonably suspects that a personal detail given by a person in response to a direction under subsection (1)(b) is false, the police officer may direct the person to produce evidence of its correctness.
If a person fails to comply with a direction under subsection (1) or (2), the police officer may do either or both of the following —
detain the person at the place at which the direction is given for as long as is reasonably necessary (but no longer than 2 hours) to serve the notice;
take the person to another place (including a police station) and detain the person at that place for as long as is reasonably necessary (but no longer than 2 hours) to serve the firearms prohibition order.
A person who is directed to remain or is detained at a place, or who is accompanying, or being taken by, a police officer to a place, under this section when the person is not under arrest is taken to be in lawful custody.
If a person accompanies, or is taken by, a police officer to a police station or other place following a direction under this section, the police officer must ensure that the person is taken back to the place at which the direction was made, or to a place near that place, unless the person requests otherwise or it is not practicable to do so.
This Act’s bill:Explanatory memorandumSecond reading speech
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