Terrorism (Extraordinary Powers) Act 2005

In this section —

Unless a special officer’s appointment provides to the contrary, a Part 2 special officer —

has and may perform any function that a police officer has and may perform under Part 2; and

in connection with exercising any such function, has and may perform any function that a police officer has under this Act other than Part 2A, any other written law or the common law.

Unless a special officer’s appointment provides to the contrary —

a Part 2A special officer —

has and may perform any function that a police officer has and may perform under Part 2A; and

in connection with exercising any such function, has and may perform any function that a police officer has under this Act other than Part 2, any other written law or the common law;

Part 2A applies to a Part 2A special officer as if any reference in Part 2A to a police officer includes a reference to the Part 2A special officer.

A special officer is taken to be a public officer for the purposes of The Criminal Code.

For the purposes of the Police Act 1892 section 137, a special officer is taken to be a member of the Police Force performing or purporting to perform the functions of a member of the Police Force if —

the special officer is a Part 2 special officer exercising a function under subsection (2)(a) or (b); or

the special officer is a Part 2A special officer exercising a function under subsection (3)(a).

Subsection (7) applies to a person whose purported appointment as a special officer was not validly made.

In relation to any action taken by the person before they became aware of the invalidity —

the person is not criminally responsible for the action to the extent that, if the appointment had been valid, the person would not have been criminally responsible for the action by virtue of subsection (3)(b); and

for the purposes of the Police Act 1892 section 137, the person is taken to be a member of the Police Force performing or purporting to perform the functions of a member of the Police Force, to the extent that they would have been so taken under subsection (5) if the appointment had been valid.