Main powers to learn

Question 1

CFzF

Part 3 Powers to require identity to be disclosed

Division 1 General powers to require identity to be disclosed

Section 11 Identity may be required to be disclosed

(1)

Answer 1

F(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.

Question 2

Part 3 Powers to require identity to be disclosed

Division 1 General powers to require identity to be disclosed

Section 11 Identity may be required to be disclosed

(2)

Answer 2

(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.

Question 3

Part 4 Search and seizure powers without warrant

Division 1 General personal search and seizure powers

Section 21 Power to search persons and seize and detain things without warrant

(1)

Answer 3

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—

Question 4

Part 4 Search and seizure powers without warrant

Section 21 Power to search persons and seize and detain things without warrant

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—

(a)

Answer 4

(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,

Question 5

Part 4 Search and seizure powers without warrant

Section 21 Power to search persons and seize and detain things without warrant

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—

(b)

Answer 5

(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,

Question 6

Part 4 Search and seizure powers without warrant

Section 21 Power to search persons and seize and detain things without warrant

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—

(c)

Answer 6

(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,

Question 7

Part 4 Search and seizure powers without warrant

Section 21 Power to search persons and seize and detain things without warrant

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—

(d)

Answer 7

(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

Question 8

Part 4 Search and seizure powers without warrant

Section 23 Power to search persons for dangerous implements without warrant in public places and schools

The criteria to arrest without a warrant,
(1)

Answer 8

(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.

Question 9

Part 4 Search and seizure powers without warrant

Section 23 Power to search persons for dangerous implements without warrant in public places and schools

The criteria to arrest without a warrant,
(2)

Answer 9

(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.

Question 10

Part 4 Search and seizure powers without warrant

Section 23 Power to search persons for dangerous implements without warrant in public places and schools

The criteria to arrest without a warrant,
(3)

Answer 10

(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.

Question 11

Part 4 Search and seizure powers without warrant

Section 23 Power to search persons for dangerous implements without warrant in public places and schools

The criteria to arrest without a warrant,
(4)

Answer 11

(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

Question 12

Part 4 Search and seizure powers without warrant

Division 3 Searches of persons on arrest or while in custody

Section 27 Power to carry out search on arrest

The criteria to search on arrest,

Answer 12

(1) A police officer who arrests a person for an offence or under a warrant, or who is
present at the arrest, may search the person at or after the time of arrest, if the officer
suspects on reasonable grounds that it is prudent to do so in order to ascertain
whether the person is carrying anything—

(a) that would present a danger to a person, or

(b) that could be used to assist a person to escape from lawful custody, or

(c) that is a thing with respect to which an offence has been committed, or

(d) that is a thing that will provide evidence of the commission of an offence, or

(e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Question 13

Part 4 Search and seizure powers without warrant

Division 4 Provisions relating generally to personal searches

Section 30 Searches generally

In conducting the search of a person, a police officer may: ‘

Answer 13

(a) quickly run his or her hands over the person’s outer clothing, and

(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and

(c) examine anything in the possession of the person, and

(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and

(e) do any other thing authorised by this Act for the purposes of the search

Question 14

Part 4 Search and seizure powers without warrant

Section 31 Strip searches

A police officer may carry out a strip search of a person if:

Answer 14

a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or

(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.

Question 15

Part 4 Search and seizure powers without warrant

Section 32 Preservation of privacy and dignity during search

Answer 15

(2) The police officer must inform the person to be searched of the following matters:
(a) whether the person will be required to remove
clothing during the search,

(b) why it is necessary to remove the clothing. 

(3) The police officer must ask for the person’s co-operation.

(4) The police officer must conduct the search:

(a) in a way that provides reasonable privacy for the 
 	person searched, and

(b) as quickly as is reasonably practicable. 

(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.

(6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.

Question 16

Part 7 Crime scenes

Section 90 When crime scene may be established

(1)

Answer 16

(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

Question 17

Part 7 Crime scenes

Section 90 When crime scene may be established

(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

(a)

Answer 17

(a) an offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been, on the premises and that it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or

Question 18

Part 7 Crime scenes

Section 90 When crime scene may be established

(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

(b)

Answer 18

(b) a serious indictable offence is being, or was, or may have been, committed on the premises and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or

Question 19

Part 7 Crime scenes

Section 90 When crime scene may be established

(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

(c)

Answer 19

(c) there may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence.

Question 20

Part 7 Crime scenes

Section 90 When crime scene may be established

(1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

(1A)

Answer 20

(1A) A crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant.

Question 21

Part 8 Powers relating to arrest

Section 99 Power of Police Officers to arrest without warrant

(a)

Answer 21

(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and

Question 22

Part 8 Powers relating to arrest

Section 99 Power of Police Officers to arrest without warrant

(b)

Answer 22

(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:

Question 23

Part 8 Powers relating to arrest

Section 99 Power of Police Officers to arrest without warrant

(b) (i)

Answer 23

(i) To stop the person committing or repeating the offence or committing another offence,

Question 24

Part 8 Powers relating to arrest

Section 99 Power of Police Officers to arrest without warrant

(b) (ii)

Answer 24

(ii) To stop the person fleeing from a police officer or from the location of the offence,

Question 25

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (iii)

Answer 25

(iii) To enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,

Question 26

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (iv)

Answer 26

(iv) To ensure that the person appears before a court in relation to the offence,

Question 27

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (v)

Answer 27

(v) To obtain property in the possession of the person that is connected with the offence,

Question 28

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (vi)

Answer 28

(vi) To preserve evidence of the offence or prevent the fabrication of evidence,

Question 29

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (vii)

Answer 29

(vii) To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,

Question 30

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (viii)

Answer 30

(viii) To protect the safety or welfare of any person (including the person arrested)

Question 31

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant (b) (ix)

Answer 31

(ix) Because of the nature and seriousness of the offence.

Question 32

Part 8 Powers relating to arrest Section 99 Power of Police Officers to arrest without warrant 2, 3, 4, 5, 6, 7

Answer 32

(2) A police officer may also arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant. (3) The arresting police officer or another police officer must, as soon as is reasonably practicable, take the person who has been arrested under this section before an authorised officer to be dealt with according to law. Note— A police officer may discontinue the arrest of a person at any time and without taking the arrested person before an authorised officer—see section 105. (4) A person who has been lawfully arrested under this section may be detained by any police officer under Part 9 for the purpose of investigating whether the person committed the offence for which the person has been arrested and for any other purpose authorised by that Part. (5) This section does not authorise a person to be arrested for an offence for which the person has already been tried. (6) For the purposes of this section, property is connected with an offence if it is connected with the offence within the meaning of Part 5. (7) In this section— arresting police officer means the police officer arresting a person under this section.

Question 33

Part 8 Powers relating to arrest 101 Power to arrest with warrant(cf common law)

Answer 33

(1) A police officer acting in accordance with a warrant issued under any Act or law may arrest or deal with the person named in the warrant in accordance with the warrant. (2) The police officer may take action whether or not the warrant is in his or her possession.

Question 34

Part 8 Powers relating to arrest 105 Arrest may be discontinued

Answer 34

(1) A police officer may discontinue an arrest at any time. (2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances— (a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason, (b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997. (3) A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.

Question 35

Part 9 Investigations and questioning 109 Objects of Part(cf Crimes Act 1900, s 354)

Answer 35

The objects of this Part are— (a) to provide for the period of time that a person who is under arrest may be detained by a police officer to enable the investigation of the person’s involvement in the commission of an offence, and (b) to authorise the detention of a person who is under arrest for such a period despite any requirement imposed by law to bring the person before a Magistrate or other authorised officer or court without delay or within a specified period, and (c) to provide for the rights of a person so detained, and (d) to provide for the rights of a suspect who is in the company of a police officer in connection with an investigative procedure but who is not so detained.

Question 36

Part 9 Investigations and questioning 112 Modification of application of Part to certain persons(cf Crimes Act 1900, s 356A)

Answer 36

(1) The regulations may make provision for or with respect to the modification of the application of this Part to— (a) persons under the age of 18 years, or (b) Aboriginal persons or Torres Strait Islanders, or (c) persons of non-English speaking background, or (d) persons who have a disability (whether physical, intellectual or otherwise). (2) Without limiting subsection (1), the regulations may provide for an investigation period for a person or class of persons referred to in that subsection that is shorter than the period provided for by section 115.

Question 37

Part 9 Investigations and questioning 115 Investigation period(cf Crimes Act 1900, s 356D)

Answer 37

(1) The investigation period is a period that begins when the person is arrested and ends at a time that is reasonable having regard to all the circumstances, but does not exceed the maximum investigation period. (2) The maximum investigation period is 6 hours or such longer period as the maximum investigation period may be extended to by a detention warrant.

Question 38

Part 9 Investigations and questioning 117 Certain times to be disregarded in calculating investigation period(cf Crimes Act 1900, s 356F)

Answer 38

(1) The following times (to the extent that those times are times during which any investigative procedure in which a person who is detained under this Part is to participate is reasonably suspended or deferred) are not to be taken into account in determining how much of an investigation period has elapsed— (a) any time that is reasonably required to convey the person from the place where the person is arrested to the nearest premises where facilities are available for conducting investigative procedures in which the person is to participate, (b) any time that is reasonably spent waiting for the arrival at the place where the person is being detained of police officers, or any other persons prescribed by the regulations, whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation, (c) any time that is reasonably spent waiting for facilities for complying with section 281 of the Criminal Procedure Act 1986 to become available, (d) any time that is required to allow the person (or someone else on the person’s behalf) to communicate with a friend, relative, guardian, independent person, Australian legal practitioner or consular official, (e) any time that is required to allow such a friend, relative, guardian, independent person, Australian legal practitioner or consular official to arrive at the place where the person is being detained, (f) any time that is required to allow the person to consult at the place where the person is being detained with such a friend, relative, guardian, independent person, Australian legal practitioner or consular official, (g) any time that is required to arrange for and to allow the person to receive medical attention, (h) any time that is required to arrange for the services of an interpreter for the person and to allow the interpreter to arrive at the place where the person is being detained or become available by telephone for the person, (i) any time that is reasonably required to allow for an identification parade to be arranged and conducted, (j) any time that is required to allow the person to rest or receive refreshments or to give the person access to toilet and other facilities as referred to in section 130, (k) any time that is required to allow the person to recover from the effects of intoxication due to alcohol or another drug or a combination of drugs, (l) any time that is reasonably required to prepare, make and dispose of any application for a detention warrant or any application for a search warrant or crime scene warrant that relates to the investigation, (m) any time that is reasonably required to carry out charging procedures in respect of the person, (n) any time that is reasonably required to carry out a forensic procedure on the person under the Crimes (Forensic Procedures) Act 2000, or to prepare, make and dispose of an application for an order for the carrying out of such a procedure, (o) any time that is reasonably required for the person to undertake a breath test or breath analysis or to provide a blood or urine sample under Division 4 of Part 10. (2) In any criminal proceedings in which the question of whether any particular time was a time that was not to be taken into account because of this section is at issue, the burden lies on the prosecution to prove on the balance of probabilities that the particular time was a time that was not to be taken into account.

Question 39

Part 9 Investigations and questioning 118 Detention warrant to extend investigation period(cf Crimes Act 1900, s 356G)

Answer 39

(1) A police officer may, before the end of the investigation period, apply to an authorised officer for a warrant to extend the maximum investigation period beyond 6 hours. (2) The person to whom an application for a detention warrant relates, or the person’s legal representative, may make representations to the authorised officer about the application. (3) The authorised officer may issue a warrant that extends the maximum investigation period by up to 6 hours. (4) The maximum investigation period cannot be extended more than once. (4A) When determining an application for a detention warrant, the authorised officer is to take into account any period for which the person to whom the application relates was a protected suspect in relation to the investigation. (5) An authorised officer must not issue a warrant to extend the maximum investigation period unless satisfied that— (a) the investigation is being conducted diligently and without delay, and (b) a further period of detention of the person to whom the application relates is reasonably necessary to complete the investigation, and (c) there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person, and (d) circumstances exist in the matter that make it impracticable for the investigation to be completed within the 6-hour period. (6) As soon as reasonably practicable after a detention warrant is issued, the custody manager for the person to whom the warrant relates— (a) must give the person a copy of the warrant, and (b) must orally inform the person of the nature of the warrant and its effect.

Question 40

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1)

Answer 40

(1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)—

Question 41

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)— (a)

Answer 41

(a) is obstructing another person or persons or traffic, or

Question 42

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)— (b)

Answer 42

(b) constitutes harassment or intimidation of another person or persons, or

Question 43

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)— (c)

Answer 43

(c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or

Question 44

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)— (d)

Answer 44

(d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or

Question 45

Part 14 Powers to give directions Section 197 Directions generally relating to public places Relevant conduct for Section 197 (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)— (e)

Answer 45

(e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.

Question 46

Part 14 Powers to give directions Section 198 Move on directions to intoxicated persons in public places Relevant Conduct for Section 198 (a) (b)

Answer 46

(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or (b) is disorderly.

Question 47

Part 15 Safeguards relating to powers 201 Police powers to which this Part applies (1) This Part applies to the exercise of the following powers by police officers— a, b, c, d, e, f g

Answer 47

(a) a power to stop, search or arrest a person, (b) a power to stop or search a vehicle, vessel or aircraft, (c) a power to enter or search premises, (d) a power to seize property, (e) a power to require the disclosure of the identity of a person (including a power to require the removal of a face covering for identification purposes), (f) a power to give or make a direction, requirement or request that a person is required to comply with by law, (g) a power to establish a crime scene at premises (not being a public place). This Part applies (subject to subsection (3)) to the exercise of any such power whether or not the power is conferred by this Act.

Question 48

Part 15 Safeguards relating to powers 201 Police powers to which this Part applies (2) This Part does not apply to the exercise of any of the following powers of police officers— a, b, c, 3

Answer 48

(a) a power to enter or search a public place, (b) a power conferred by a covert search warrant, (c) a power to detain an intoxicated person under Part 16. (3) This Part does not apply to the exercise of a power that is conferred by an Act or regulation specified in Schedule 1.

Question 49

Part 15 Safeguards relating to powers 202 Police officers to provide information when exercising powers (1) A police officer who exercises a power to which this Part applies must provide the following to the person subject to the exercise of the power—

Answer 49

(a) evidence that the police officer is a police officer (unless the police officer is in uniform), (b) the name of the police officer and his or her place of duty, (c) the reason for the exercise of the power.

Question 50

Part 15 Safeguards relating to powers 202 Police officers to provide information when exercising powers (2) A police officer must comply with this section—

Answer 50

(a) as soon as it is reasonably practicable to do so, or (b) in the case of a direction, requirement or request to a single person—before giving or making the direction, requirement or request.

Question 51

Part 15 Safeguards relating to powers 202 Police officers to provide information when exercising powers 3, 4, 5, 6

Answer 51

(3) A direction, requirement or request to a group of persons is not required to be repeated to each person in the group. (4) If 2 or more police officers are exercising a power to which this Part applies, only one officer present is required to comply with this section. (5) If a person subject to the exercise of a power to which this Part applies asks a police officer present for information as to the name of the police officer and his or her place of duty, the police officer must give to the person the information requested. (6) A police officer who is exercising more than one power to which this Part applies on a single occasion and in relation to the same person is required to comply with subsection (1)(a) and (b) only once on that occasion.

Question 52

Part 18 Use of force 230 Use of force generally by police officers

Answer 52

It is lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Question 53

Part 18 Use of force 231 Use of force in making an arrest

Answer 53

A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.

Question 54

Part 9 Investigations and questioning 128 Provision of interpreter

Answer 54

(1) The custody manager for a detained person or protected suspect must arrange for an interpreter to be present for the person in connection with any investigative procedure in which the person is to participate if the custody manager has reasonable grounds for believing that the person is unable— (a) because of inadequate knowledge of the English language, to communicate with reasonable fluency in English, or (b) because of any disability, to communicate with reasonable fluency. (2) The custody manager must ensure that any such investigative procedure is deferred until the interpreter arrives. (3) However, the custody manager need not— (a) arrange for an interpreter to be present if the custody manager believes on reasonable grounds that the difficulty of obtaining an interpreter makes compliance with the requirement not reasonably practicable, or (b) defer any such investigative procedure if the custody manager believes on reasonable grounds that the urgency of the investigation, having regard to the safety of other persons, makes such deferral unreasonable. (4) If an interpreter is not available to be present for the person in connection with any investigative procedure in which the person is to participate, the custody manager must instead arrange for a telephone interpreter for the person. (5) The custody manager must ensure that any such investigative procedure is deferred until a telephone interpreter is available. (6) However, the custody manager need not— (a) arrange for a telephone interpreter if the custody manager believes on reasonable grounds that the difficulty of obtaining such an interpreter makes compliance with the requirement not reasonably practicable, or (b) defer any such investigative procedure if the custody manager believes on reasonable grounds that the urgency of the investigation, having regard to the safety of other persons, makes such deferral unreasonable.

Question 55

Part 9 Investigations and questioning 29 Custody manager to assist vulnerable person

Answer 55

(1) The custody manager for a detained person or protected suspect who is a vulnerable person must, as far as practicable, assist the person in exercising the person’s rights under Part 9 of the Act, including any right to make a telephone call to a legal practitioner, support person or other person. (2) In particular, the custody manager must ensure that the caution and summary required by section 122(1) of the Act is given to the person.

Question 56

Part 15 Safeguards relating to powers 203 Police officers to give warnings when giving or making directions, requirements or requests that must be complied with

Answer 56

(1) A police officer who exercises a power to which this Part applies that consists of a direction, requirement or request must give a warning to the person subject to the exercise of the power that the person is required by law to comply with the direction, requirement or request. Note. A failure to comply with the direction, requirement or request does not constitute an offence unless a warning under this section has been given—see section 204B. (2) A warning is not required if the person has already complied with or is in the process of complying with the direction, requirement or request. (3) A police officer must comply with this section as soon as is reasonably practicable after the direction, requirement or request is given or made. (4) If 2 or more police officers are exercising a power to which this Part applies, only one officer present is required to comply with this section.

Question 57

Road Transport Act 2013 No 18 Part 7.2 Identity powers

Answer 57

175 Requirement for driver or rider to produce Australian driver licence and state name and address(cf Gen Act, s 171) (1) An authorised officer may, in the execution of the officer’s functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following— (a) produce the driver’s relevant Australian driver licence (in the case of the driver of a motor vehicle), (b) state the driver’s or rider’s name, (c) state the driver’s or rider’s home address. Note. See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence. (2) A person must not— (a) refuse to comply with a requirement of an authorised officer under subsection (1), or (b) state a false name or home address. Maximum penalty—20 penalty units. (3) In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a relevant Australian driver licence occupying the seat in or on the motor vehicle next to the driver. 176 Requirement for passenger to produce Australian driver licence and state name and address(cf Gen Act, s 172) (1) A person occupying the seat in or on a motor vehicle (other than a motor cycle) next to a driver who holds a learner licence must, when required to do so by an authorised officer, produce the person’s relevant Australian driver licence and state the person’s name and home address. Maximum penalty—20 penalty units. Note. See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence. (2) A person accompanying another person who is attending a motor registry for the purpose of undergoing any test or examination required by the road transport legislation must, on request, produce the person’s relevant Australian driver licence and state the person’s name and home address if— (a) the request is made by an authorised officer, and (b) the person making the request believes on reasonable grounds that the person accompanying the person who is to undergo the test or examination has been giving driving instruction to that person. Maximum penalty—20 penalty units. (3) In this section— motor registry means a place at which registration of a vehicle can be effected by or on behalf of Transport for NSW. 177 Requirement for responsible person to disclose driver identity(cf Gen Act, s 173) (1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation— (a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and (b) any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver. Maximum penalty—20 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant proves to the court’s satisfaction that the defendant did not know and could not with reasonable diligence have ascertained the driver’s name and home address. (3) A written statement— (a) purporting to be given under subsection (1)(a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against the road transport legislation, and (b) that is produced in any court in proceedings against the person named in the statement as the driver for such an offence, is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court. (4) (Repealed)

Question 58

206 Detention of intoxicated persons