{"id":"police-administration-act-1978","name":"Police Administration Act 1978","slug":"police-administration-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30409,"registerId":"nt-police-administration-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Police Administration Act 1978.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on the date of commencement of\nthe Summary Offences Act 1978.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal and savings","content":"3 Repeal and savings\n(1) Notwithstanding the repeal of Part II of the Police and Police\nOffences Ordinance 1923 effected by section 4 of the Summary\nOffences Act 1978 a person who was a member of the Police Force\nunder Part II of the Police and Police Offences Ordinance 1923\nimmediately before the commencement of this Act continues to be\na member of the Police Force under this Act with the same rank\nand seniority and, subject to this Act, upon the same terms and\nconditions which applied to the member immediately before the\ncommencement of this Act.\n(2) Notwithstanding the repeal of Part IV of the Police and Police\nOffences Ordinance 1923 effected by section 4 of the Summary\nOffences Act 1978 all warrants issued and all arrests and other\nactions taken by a member pursuant to Part IV of the Police and\nPolice Offences Ordinance 1923 shall continue to have force and\neffect as if issued or taken under Part VII of this Act.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nAboriginal Community Police officer means a person appointed\nas an Aboriginal Community Police officer under section 19.\naffected member, for Part VII, Division 7AA, see section 147FA(1).\n\nPolice Administration Act 1978 2\naircraft, for Part VII, see section 116(2).\nammunition, for Part VII, see section 116(2).\nAppeal Board includes a Promotions Appeal Board, a Disciplinary\nAppeal Board and an Inability Appeal Board.\napproved member, for Part VII, Division 1C, see section 116K.\nAssistant Commissioner means an Assistant Commissioner of\nPolice appointed under section 8.\nat, for Part VII, see section 116(2).\nchild, for Part VII, Division 7AA, see section 147FA(1).\nCommissioner means the Commissioner of Police appointed\nunder section 7.\ncorresponding jurisdiction means any of the following in which a\nforensic law is in force:\n(a) the Commonwealth, a State or another Territory;\n(b) a foreign country prescribed by the Regulations.\ncourt, for Part VII, Division 7AA, see section 147FA(1).\ndangerous drug, see section 120A.\ndeclared area, for Part VII, Division 5A, see section 135A.\nDeputy Commissioner means a Deputy Commissioner of Police\nappointed under section 7.\ndesignated scanning area, for Part VII, Division 1C, see\nsection 116K.\ndisease test approval, for Part VII, Division 7AA, see\ndisease test authorisation, for Part VII, Division 7AA, see\ndisease test order, for Part VII, Division 7AA, see\ndismiss, in Parts IV, V and VI, in relation to a member, means to\nterminate the employment of the member because of a breach of\n\nPolice Administration Act 1978 3\nexplosive, for Part VII, see section 116(2).\nfirearm, see section 3(1) of the Firearms Act 1997.\nforensic law means a law providing for the carrying out of a\nforensic procedure.\nforensic procedure means an intimate procedure or non-intimate\nforensic procedure approval means an approval to carry out a\nforensic procedure given by:\n(a) a Local Court Judge under section 145(4);\n(b) a Local Court Judge under section 30 or 31 of the Youth\nJustice Act 2005; or\n(c) a member of the Police Force under:\n(i) section 145A(1); or\n(ii) section 31(2)(b) of the Youth Justice Act 2005.\ngeneral orders means general orders and instructions, as in force\nfrom time to time, issued under section 14A.\ngrounds for disease testing, for Part VII, Division 7AA, see\nsection 147FB(5).\nhandheld scanner, for Part VII, Division 1C, see section 116K.\nhandheld scanner authority, for Part VII, Division 1C, see\nsection 116KB(5).\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession, other than as:\n(a) a diagnostic radiographer in the diagnostic radiographer\ndivision of the medical radiation practice profession; or\n(b) a student.\nincapable person, for Part VII, Division 7AA, see\ninfectious disease, for Part VII, Division 7AA, see\n\nPolice Administration Act 1978 4\ninfringement notice offence, for Part VII, Division 4AA, see\nsection 133AA.\nintimate procedure includes the following procedures:\n(a) examining the body, either internally or externally;\n(b) taking from the body a substance on or in the body;\n(c) taking a sample of a substance on or in the body;\n(d) taking a sample of blood (other than by a swab or washing\nfrom an external part of the body);\n(e) taking a sample of pubic hair;\n(f) taking a sample from the external genital or anal area or the\nbuttocks by swab or washing;\n(g) taking a sample from the external genital or anal area or the\nbuttocks by vacuum suction, scraping or lifting by tape;\n(h) taking a dental impression or an impression of a bite mark;\n(j) taking a photograph, or an impression or cast, of a wound to\nthe genital or anal area or the buttocks;\n(k) taking an X ray;\n(m) taking a sample of urine;\n(n) in the case of a female:\n(i) examining the breasts;\n(ii) taking a sample from the breasts by swab or washing;\n(iii) taking a sample from the breasts by vacuum suction,\nscraping or lifting by tape; and\n(iv) taking a photograph, or an impression or cast, of a\nwound to the breast.\nintoxicated, for Part VII, Division 4, see section 127A.\nmember means a member of the Police Force.\nmerit, for appointment or promotion to a rank in the Police Force\nunder Part II, Division 3, see section 15A.\n\nPolice Administration Act 1978 5\nnon-intimate procedure includes the following procedures:\n(a) taking a sample of saliva or a sample by buccal swab;\n(b) examining a part of the body other than the genital or anal\narea or the buttocks or, in the case of a female, the breasts;\n(c) taking a sample of hair other than pubic hair;\n(d) taking a sample by swab or washing from any external part of\nthe body other than the genital or anal area or the buttocks or,\nin the case of a female, the breasts;\n(e) taking a sample by vacuum suction, scraping or lifting by tape\nfrom any external part of the body other than the genital or\nanal area or the buttocks or, in the case of a female, the\nbreasts;\n(f) taking a hand print, fingerprint, footprint or toe print;\n(g) taking a photograph of, or an impression or cast of a wound\nto, a part of the body other than the genital or anal area or the\nbuttocks or, in the case of a female, the breasts;\n(h) taking a photograph of a person.\nnurse, for Part VII, Division 7AA, see section 147FA(1).\noffence, for Part VII, see section 116(2).\nOmbudsman, see section 4 of the Ombudsman Act 2009.\nplace, for Part VII, see section 116(2).\nPolice Association means the Northern Territory Police\nAssociation.\nPolice auxiliary means a person appointed as a Police auxiliary\nunder section 19.\nPolice Cadet means a Police Cadet appointed under section 18.\nPolice Civil Employment Unit means the Agency of that name\nspecified in Schedule 1 to the Public Sector Employment and\nManagement Act 1993.\npolice dog means a dog used by the Police Force in the\nperformance of the functions of the Police Force.\nPolice Force means the Police Force of the Northern Territory of\nAustralia established by this Act.\n\nPolice Administration Act 1978 6\nPolice Gazette means a document published under section 165(1).\npolice horse means a horse used by the Police Force in the\nperformance of the functions of the Police Force.\nPolice Public Safety officer means a person appointed as a\nPolice Public Safety officer under section 19.\nprecursor, see section 3(1) of the Misuse of Drugs Act 1990.\npremises, for Part VII, see section 116(2).\nprescribed member means a member holding the prescribed rank.\nProfessional Standards Command means the Ethical and\nProfessional Standards Command of the Police Force established\nby section 34G.\nProfessional Standards Command member means a member\nassigned to the Professional Standards Command.\nproper authority, of a corresponding jurisdiction, means:\n(a) the person performing functions in relation to the police force\nor service of the corresponding jurisdiction that correspond to\nthe functions of the Commissioner; or\n(b) an entity prescribed by the Regulations.\nprotected person, for Part VII, Division 7AA, see\npublic disorder, for Part VII, Division 5A, see section 135A.\npublic disorder declaration, for Part VII, Division 5A, see\nsection 135B(1).\npublic place:\n(a) for Part VII, Division 1C – see section 116K; or\n(b) for Part VII, Division 5A – see section 135A.\npublic transport facility, for Part VII, Division 1C, see\nsection 116KA.\npublic transport vehicle, for Part VII, Division 1C, see\nsection 116K.\nqualified person, for Part VII, Division 7AA, see section 147FA(1).\n\nPolice Administration Act 1978 7\nresponsible Minister, of a corresponding jurisdiction, means the\nMinister responsible for administering a forensic law of the\njurisdiction.\nresponsible person, for Part VII, Division 7AA, see\nsection 147FA(2).\nrestricted weapon, for Part VII, see section 116(2).\nretire, in Parts IV, V and VI, in relation to a member, means to\nterminate the employment of the member otherwise than by\ndismissing the member.\nschool, for Part VII, Division 1C, see section 116K.\nsenior member, for Part VII, Division 7AA, see section 147FA(1).\nship, for Part VII, see section 116(2).\nSpecial Constable means a Special Constable appointed under\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"of Part II.","content":"Division 4 of Part II.\nsubstance, for Part VII, Division 7AA, see section 147FA(1).\nthird party, for a transferor, means:\n(a) a responsible person for the transferor on whom an\napplication for a disease test order is served under\nsection 147FI; or\n(b) another responsible person for the transferor appointed third\nparty under section 147FJ(1)(d).\ntransfer of a substance, for Part VII, Division 7AA, see\ntransferor, for Part VII, Division 7AA, see section 147FA(1).\nTribunal means the Police Arbitral Tribunal formerly constituted\nunder the Police and Police Offences Ordinance and continued\nunder Part III of this Act.\nuse, for Part VII, Division 1C, see section 116K.\nvehicle, for Part VII, see section 116(2).\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPolice Administration Act 1978 8\n(2) A reference in this Act to this Act includes a reference to the\nRegulations.\n(3) Except in Part VII, a reference in this Act to a member includes a\nreference to a member of the Police Force who is on probation\nunder section 16A and has not yet taken an oath mentioned in\nsection 26.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Criminal Code","content":"4A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against\nsection 134, 134A, 134B, 147FG, 147FO, 147FV, 155 or 157A.\nNote for section 4A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Northern Territory Police Force","content":"5 Northern Territory Police Force\n(1) There is established by this Act the Police Force of the Northern\nTerritory.\n(2) The core functions of the Police Force are:\n(a) to uphold the law and maintain social order; and\n(b) to protect life and property; and\n(c) to prevent, detect, investigate and prosecute offences; and\n(d) to manage road safety education and enforcement measures;\nand\n(e) to manage the provision of services in emergencies.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Constitution of Police Force","content":"6 Constitution of Police Force\nThe Police Force shall consist of a Commissioner and other\nmembers appointed and holding office under and in accordance\nwith this Act.\n\nPolice Administration Act 1978 9\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"Commissioner, Deputy and Assistant","content":"Division 2 Commissioner, Deputy and Assistant\nCommissioners\n","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Principles for appointment","content":"6A Principles for appointment\n(1) In appointing a person to an office under this Division, the merit of\nthe person is to be the primary, but not the sole, consideration.\n(2) For subsection (1), the merit of a person for appointment to an\noffice under this Division means the capacity of the person to\nperform the duties of the office, having regard to the person's:\n(a) knowledge, skills, qualifications and experience; and\n(b) aptitude, diligence, good conduct and quality of service; and\n(c) potential for further development in the Police Force.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Commissioner of Police and Deputy Commissioner of Police","content":"7 Commissioner of Police and Deputy Commissioner of Police\nThe Administrator may, by commission, appoint a person to be\nCommissioner of Police or a Deputy Commissioner of Police.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Assistant Commissioner of Police","content":"8 Assistant Commissioner of Police\n(1) The Minister may appoint a person to be an Assistant\nCommissioner of Police.\n(2) The Administrator may issue his or her commission to a person\nappointed under subsection (1).\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Remuneration","content":"9 Remuneration\n(1) Subject to the provisions contained in an Act (including this Act),\nthe Commissioner, a Deputy Commissioner or an Assistant\nCommissioner appointed under this Part:\n(a) shall be paid such remuneration and allowances; and\n(b) shall hold office on such terms and conditions,\nas the Administrator, from time to time, determines.\n(2) The Commissioner, a Deputy Commissioner or an Assistant\nCommissioner appointed under this Part shall not be an employee\nfor the purposes of the Public Sector Employment and\nManagement Act 1993.\n(3) Subject to subsection (3A), in determining the matters specified in\nsubsection (1) the Administrator shall ensure that the remuneration\nand allowances and terms and conditions of the Commissioner, a\n\nPolice Administration Act 1978 10\nDeputy Commissioner or an Assistant Commissioner shall be not\nless than those of other members of the Police Force.\n(3A) The Administrator may determine that the Commissioner, a Deputy\nCommissioner or an Assistant Commissioner is to hold office for a\nfixed period.\n(4) Where the Commissioner, a Deputy Commissioner or an Assistant\nCommissioner ceases to hold office other than by reason of his\ndeath or resignation or his retirement under section 10, he shall be\npaid compensation to be determined by the Administrator.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Retirement","content":"10 Retirement\n(1) The Commissioner, a Deputy Commissioner or an Assistant\nCommissioner, who has attained the age of 55 years may retire\nfrom the Police Force.\n(3) Notwithstanding any other provision of this Act, the Commissioner,\na Deputy Commissioner or an Assistant Commissioner may retire\nfrom the Police Force where he satisfies the Administrator that by\nreason of illness or other incapacity he is unable to discharge the\nduties of his position.\n(4) A retirement under subsection (3) is not effective until it is accepted\nby the Administrator.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Resignation","content":"11 Resignation\n(1) The Commissioner, a Deputy Commissioner or an Assistant\nCommissioner may resign his office by writing signed by him and\ndelivered to the Administrator.\n(2) A notice of resignation under subsection (1) shall not have effect\nuntil it is accepted by the Administrator.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Acting appointments","content":"12 Acting appointments\n(1) The Minister may appoint a member to act from time to time as the\nCommissioner, Deputy Commissioner or Assistant Commissioner,\nas the case may be, during the absence from the Territory or from\nduty of the Commissioner, Deputy Commissioner or Assistant\nCommissioner or a vacancy in any of those offices.\n(2) Subject to this section, a person appointed under subsection (1)\nduring a vacancy shall not continue in office after the expiration of\n12 months after the occurrence of the vacancy.\n\nPolice Administration Act 1978 11\n(3) Where a person is appointed to act as the Commissioner, a Deputy\nCommissioner or an Assistant Commissioner in pursuance of an\nappointment under subsection (1):\n(a) a reference in a law of the Territory to the Commissioner, a\nDeputy Commissioner or an Assistant Commissioner, as the\ncase may be, includes a reference to the person so appointed\nto act; and\n(b) that person has all the powers, functions and duties conferred\nor imposed upon the Commissioner, a Deputy Commissioner\nor an Assistant Commissioner, as the case may be, by any\nlaw of the Territory.\n(4) Where a person is, under subsection (1), appointed to act in a\nposition and that position becomes vacant while the person is so\nacting, the person may continue to act in that position until:\n(a) the Minister otherwise directs;\n(b) the position ceases to be vacant;\n(c) the person resigns his appointment made under\nsubsection (1); or\n(d) a period of 12 months from the date on which the vacancy\noccurred expires,\nwhichever first occurs.\n(5) A person may resign an appointment under subsection (1) by\nwriting signed by him and delivered to the Minister.\n(6) A notice of resignation under subsection (5) shall not have effect\nuntil it is accepted by the Minister.\n(7) The validity of anything done by a person acting as Commissioner,\nDeputy Commissioner or Assistant Commissioner in pursuance of\nan appointment under subsection (1) shall not be called in question\nby reason of any defect or irregularity in or in connection with his\nappointment or on the ground that the occasion for his appointment\nhad not arisen or that the appointment had ceased to have effect.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Interim vacancies","content":"13 Interim vacancies\n(1) Where there is an interval between the inability of the\nCommissioner, a Deputy Commissioner or an Assistant\nCommissioner to carry out the duties of his office and an\nappointment by the Minister under section 12(1), the powers and\nfunctions of the office to which the inability relates may be\n\nPolice Administration Act 1978 12\nexercised by the member next senior to the member who held the\noffice in respect of which the inability arose.\n(2) An action taken by a member in accordance with subsection (1)\nshall be deemed to be the action of the member appointed under\nsection 12.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Control and management of Police Force","content":"14 Control and management of Police Force\n(1) Subject to this Act, the Commissioner shall be charged and\ninvested with the general control and management of the Police\nForce and may, in addition to those powers, exercise any powers\nconferred on any member.\n(2) The Commissioner shall exercise and perform all the powers and\nfunctions of his office in accordance with the directions in writing, if\nany, given to him by the Minister.\n(3) Subject to section 135B(7), the Commissioner may, in writing,\ndelegate to a person the Commissioner's powers or functions under\nthis Act.\n(4) In addition, the Commissioner may, in writing, delegate to a\nmember, or an employee within the meaning of the Public Sector\nEmployment and Management Act 1993, the Commissioner's\npowers or functions under another Act.\n(5) Subsection (4) applies to the Commissioner's powers or functions\nas Commissioner or Chief Executive Officer, within the meaning of\nthe Public Sector Employment and Management Act 1993, of the\n(6) However, subsection (4) does not apply if the Commissioner has a\npower of delegation under the other Act.\n(7) In addition, the Commissioner may delegate a power or function\nunder subsection (3) or (4) to a person only if satisfied the person\nhas the appropriate qualifications or experience to exercise the\npower or perform the function.\n","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"General orders","content":"14A General orders\n(1) The Commissioner may, from time to time, in writing, issue such\ngeneral orders and instructions as are necessary:\n(a) to secure the good government and efficient working of the\nPolice Force;\n\nPolice Administration Act 1978 13\n(c) to arrange and provide protection and other assistance to\npersons under the Territory witness protection program\nestablished under the Witness Protection (Northern Territory)\nAct 2002.\n(2) Without limiting subsection (1), general orders may include a code\nof conduct to be observed in the Police Force.\n","sortOrder":18},{"sectionNumber":"14B","sectionType":"section","heading":"Commissioner may transfer members","content":"14B Commissioner may transfer members\nThe Commissioner may, as the Commissioner thinks fit, after giving\na member written notice, transfer the member:\n(a) from the position held by the member in the Police Force to\nanother position in the Police Force; and/or\n(b) from the locality in the Territory where the member is stationed\nto another locality in the Territory.\n","sortOrder":19},{"sectionNumber":"14C","sectionType":"section","heading":"Disciplinary procedures","content":"14C Disciplinary procedures\nThe Commissioner may, for the purposes of the general control and\nmanagement of the Police Force, issue instructions relating to the\ncounselling and cautioning of members (including the issuing of\nwritten cautions to members) who commit breaches of discipline\nthat are of such minor nature as not to warrant action being taken\nunder Part IV.\n","sortOrder":20},{"sectionNumber":"Div 3","sectionType":"division","heading":"Appointment, resignation and dismissal of","content":"Division 3 Appointment, resignation and dismissal of\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Commissioner may determine establishment of Police Force","content":"15 Commissioner may determine establishment of Police Force\nSubject to this Act, the Commissioner may determine the number of\nmembers and ranks of the Police Force and the number of\nmembers who, at one time, may hold each of the ranks in the\n","sortOrder":22},{"sectionNumber":"15A","sectionType":"section","heading":"Merit for appointment or promotion","content":"15A Merit for appointment or promotion\nA person has merit for an appointment or promotion to a rank in the\nPolice Force under this Division if the person has the capacity to\nperform the duties of the rank, having regard to:\n(a) the person's:\n(i) knowledge, skills, qualifications and experience; and\n(ii) aptitude, diligence, good conduct and quality of service;\nand\n\nPolice Administration Act 1978 14\n(iii) potential for future development in the Police Force; and\n(b) any other matters the Commissioner reasonably considers\nrelevant.\n","sortOrder":23},{"sectionNumber":"15B","sectionType":"section","heading":"Eligibility for appointment to Police Force","content":"15B Eligibility for appointment to Police Force\n(1) The Commissioner may determine the criteria for eligibility of a\nperson for appointment to the Police Force.\n(2) A person is eligible for appointment to the Police Force if the person\nsatisfies the criteria.\n(3) A determination under subsection (1) must be published in the\nPolice Gazette as soon as practicable after it is made.\n","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Commissioner may appoint or promote members","content":"16 Commissioner may appoint or promote members\n(1) Subject to this Act, the Commissioner may do any of the following:\n(a) appoint a person eligible for appointment to the Police Force\nto be a member with the rank of Constable;\n(ab) appoint a person who previously retired from the Police Force\nunder section 22, and who is eligible for appointment to the\nPolice Force, to be a member with a rank that is not above the\nrank last held by the person before their retirement;\n(ac) in the circumstances mentioned in section 17, appoint a\nperson who was previously a member, other than a member\nwho retired under section 22, and who is eligible for\nappointment to the Police Force, to be a member with a rank\nthat is above the rank of Constable;\n(b) promote a member, being a member who is qualified for\npromotion, to the rank next above the rank which that member\nheld on the day immediately preceding the day on which the\npromotion was made.\n(2) An appointment or promotion by the Commissioner under\nsubsection (1) shall not be made so as to appoint a person or\npromote a member to the rank of Commissioner, Deputy\nCommissioner or Assistant Commissioner.\n(3) The Commissioner may promote a qualified member to a relevant\nrank if the Commissioner is satisfied there is no other member\nholding a rank next below the relevant rank:\n(a) who is qualified for promotion to the relevant rank; and\n\nPolice Administration Act 1978 15\n(b) who has superior merit for the promotion.\n(4) In subsection (3):\nqualified member means a member who is qualified for promotion\nto a relevant rank.\nrelevant rank, in relation to a qualified member, means a rank that\nis 2 ranks above the rank the member holds on the day immediately\npreceding the day of promotion to the relevant rank.\n","sortOrder":25},{"sectionNumber":"16A","sectionType":"section","heading":"Members on probation","content":"16A Members on probation\n(1) This section applies to a person appointed to be a member of the\nPolice Force under:\n(a) section 16(1)(a); or\n(b) section 16(1)(ab); or\n(ba) section 16(1)(ac); or\n(c) section 19.\n(2) The person is on probation from the day on which the person\ncommences duties in accordance with the person's appointment to\nthe day on which the person's appointment is confirmed or\nterminated under this section.\n(3) Subject to subsection (4A), the person's initial probation period is:\n(a) if appointed under section 16(1)(a) – 2 years; or\n(b) if appointed under section 16(1)(ab) or (ac) – 6 months; or\n(c) if appointed under section 19 – 1 year.\n(4) The Commissioner may direct that the person's initial probation\nperiod be a shorter period than it would otherwise be under\nsubsection (3) if satisfied that the shorter period is appropriate\nhaving regard to the person's qualifications and experience.\n(4A) If the Commissioner gives a direction under subsection (4), the\nperson's initial probation period is the period specified in the\ndirection.\n(5) As soon as practicable after the end of the person's initial probation\nperiod or a further period specified under paragraph (c), the\nCommissioner must:\n(a) confirm the appointment; or\n\nPolice Administration Act 1978 16\n(b) terminate the appointment; or\n(c) direct that the person continue on probation for a further\nspecified period not exceeding 6 months.\n(5A) The person's probation may be extended under subsection (5)(c)\nmore than once.\n(6) The Commissioner may terminate the person's appointment at any\ntime during the person's probation if the Commissioner is of the\nopinion that the person:\n(a) has committed a breach of discipline mentioned in section 76;\nor\n(b) is unlikely to become an efficient member of the Police Force;\nor\n(c) should not be a member of the Police Force, based on\ninformation about the person's integrity or character not\nconsidered by the Commissioner at the time of the person's\nappointment.\nNote for section 16A\nA member of the Police Force who is on probation and has not yet taken an oath\nmentioned in section 26 must not exercise powers under Part VII or any other law\nof the Territory.\n16AA Issue of commission\nThe Administrator may issue the Administrator's commission to a\nmember appointed or promoted under section 16 by the\nCommissioner to the rank of Superintendent or a rank above that\nrank, whether the appointment or promotion was made before or\nafter the commencement of this section.\n16AAA Term or contract employment\n(1) The Commissioner may, from time to time, determine the duties or\nclasses of duties in the Police Force of a member of or above the\nrank of Commander that:\n(a) may be performed on an appointment for a fixed period; or\n(b) may only be performed on an appointment for a fixed period.\n(2) Duties referred to in subsection (1) may, subject to the relevant\ndetermination under that subsection, be performed either by the\nappointment under section 16 of a person on contract or by the\npromotion or transfer of a member for a fixed term.\n\nPolice Administration Act 1978 17\n(3) In making a determination under subsection (1), the Commissioner\nshall specify a period, not exceeding 5 years, as the period for\nwhich a person may be employed to perform the duties.\n(4) The Commissioner may determine the terms and conditions to\napply to and in relation to employment to perform duties referred to\nin subsection (1), and where such a term or condition is\ninconsistent with this Act, the term or condition so determined\nprevails and the conditions of or under this Act, to the extent of the\ninconsistency, have no effect.\n(5) The period of employment to perform duties referred to in\nsubsection (1) may be renewed from time to time by the\nCommissioner for a period not exceeding the duration of the\noriginal period.\n(6) Where duties referred to in subsection (1) are performed by a\nmember promoted or transferred as referred to in subsection (2),\nthe terms and conditions to which the member is subject as a\npermanent member at his rank shall be deemed to be varied, to the\nextent of the determination under subsection (4), for the duration of\nthe period during which the member performs those duties.\n","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Circumstances in which person may be appointed at rank","content":"17 Circumstances in which person may be appointed at rank\nabove Constable\nA person may be appointed to a position under section 16(1)(ac) if:\n(a) the Commissioner sought applications from members for\ntransfer to the position and either:\n(i) no applications were received; or\n(ii) no member was found suitable for transfer to the\nposition by the Commissioner; and\n(b) the Commissioner sought applications from members for\npromotion to the position and either:\n(i) no applications were received; or\n(ii) no member was found to have merit for promotion to the\nposition by the Commissioner; and\n(c) the position is at a rank that:\n(i) is prescribed by regulation for this section; and\n(ii) is not above the rank held by the person when the\nperson last served as a member.\n\nPolice Administration Act 1978 18\n","sortOrder":27},{"sectionNumber":"17A","sectionType":"section","heading":"Allowance for member having special qualifications","content":"17A Allowance for member having special qualifications\n(1) Subject to this section, the Commissioner may, where he is of the\nopinion that a member has special skills and qualifications:\n(a) suitable for use in the Police Force; and\n(b) which are being used by the member in the performance of his\nduties as a member,\nbut that the remuneration and allowances applicable to the rank\nheld by that member do not adequately compensate that member\nfor those special skills and qualifications, determine, subject to such\nterms and conditions as he thinks fit, that that member shall be\npaid, on and from the date specified in the determination, in\naddition to that remuneration and those allowances, an allowance,\nnot exceeding the prescribed amount, sufficient, in the opinion of\nthe Commissioner, to adequately compensate that member for\nthose special skills and qualifications, and that member shall,\naccordingly, be paid the allowance.\n(2) Without limiting the generality of the Commissioner's power under\nsubsection (1), the terms and conditions referred to in that\nsubsection may specify that the allowance payable in pursuance of\na determination under that subsection to a member shall cease to\nbe paid to him where:\n(a) his special skills and qualifications which gave rise to the\ndetermination are no longer being used by him in the\nperformance of his duties as a member; or\n(b) he is promoted within the Police Force.\n(3) Where a member the subject of a determination under\nsubsection (1) is, after the determination is made, promoted within\nthe Police Force and the Commissioner has not made that\ndetermination subject to the condition specified in subsection (2)(b),\nthe Commissioner shall review that determination and, after that\nreview, having regard to:\n(a) whether the special skills and qualifications of the member\nwhich gave rise to that determination are still being used by\nhim in the duties carried out by him as a member with the rank\nheld by him after his promotion; and\n(b) the difference between the remuneration and allowances\napplicable to the rank held by him immediately before his\npromotion and the remuneration and allowances from time to\ntime applicable to the rank held by him after his promotion,\n\nPolice Administration Act 1978 19\nmay:\n(c) vary the allowance payable in pursuance of that\ndetermination; or\n(d) revoke that determination,\nwith effect on and from that promotion.\n","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Police Cadets","content":"18 Police Cadets\n(1) The Commissioner may, from time to time, appoint such persons as\nhe considers necessary to be members of the Police Force with the\nrank of Police Cadet and, notwithstanding anything contained in this\nAct, dismiss, discharge or suspend from duty for such period as he\nconsiders desirable, a Police Cadet.\n(2) A member who is a Police Cadet shall not be required to take the\noath under section 26 in relation to the exercise of his powers as a\nPolice Cadet.\n(3) Subject to subsection (4), a power conferred by this Act, or any\nother law in force in the Territory, on a member of the Police Force\nby virtue of his being such a member shall not be exercised by a\nmember who is a Police Cadet.\n(4) Where a member of the Police Force who is a Police Cadet is\nappointed to be a Special Constable under this Part the member\nmay, during the period of that appointment, exercise the powers of\na member of the Police Force as provided by this Act and the terms\nand conditions of his appointment.\n(5) An appointment of a person to be a member of the Police Force\nwith the rank, on appointment, of Constable shall not be made if\nthere is a Police Cadet who is qualified for promotion to that rank.\n","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Aboriginal Community Police officers, Police auxiliaries and","content":"19 Aboriginal Community Police officers, Police auxiliaries and\nPolice Public Safety officers\n(1) The Commissioner may, in writing, appoint a person who is eligible\nfor appointment to the Police Force to be a member of the Police\nForce as:\n(a) an Aboriginal Community Police officer; or\n(b) a Police auxiliary; or\n(c) a Police Public Safety officer.\n\nPolice Administration Act 1978 20\n(3) Subject to the terms and conditions specified in the person's\ninstrument of appointment, a person appointed under\nsubsection (1) has the same powers, privileges, duties and\nobligations as other members of the Police Force.\n","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Resignation","content":"20 Resignation\n(1) A member of the Police Force other than the Commissioner, a\nDeputy Commissioner or an Assistant Commissioner shall not\nresign his office or relinquish the duties of his office unless:\n(a) he is authorised in writing by the Commissioner to do so;\n(b) he has given to the Commissioner 14 days notice of his\nintention to do so; or\n(c) his resignation is for the purpose of becoming a candidate for\nelection as a member of a House of the Parliament of\nAustralia or of a State, of the Legislative Assembly of the\nNorthern Territory or of a prescribed legislative or advisory\nbody of another Territory and:\n(i) he has, before resigning, given to the Commissioner\nnotice in writing of his intention to resign for that\npurpose; and\n(ii) he resigns on a date not earlier than 14 days before the\ndate on which nominations for the election close.\n(2) A member shall not resign his office or relinquish the duties of his\noffice otherwise than in accordance with subsection (1).\n","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Reappointment of person who resigned to contest elections","content":"21 Reappointment of person who resigned to contest elections\n(1) Where the Commissioner is satisfied that a person who was a\nmember of the Police Force:\n(a) resigned from the Police Force for the purpose specified in\nsection 20(1)(c) and after having given the notice required by\nthat section;\n(b) was a candidate for election to a House of the Parliament or to\nanother assembly or body referred to in that paragraph; and\n(c) failed to be elected,\n\nPolice Administration Act 1978 21\nthe Commissioner shall, upon application by that person within\n2 months after the declaration of the result of the election but\nsubject to subsection (6), reappoint the person to a position in the\nPolice Force having a salary, or range of salary, applicable to the\nposition occupied by the member before the date of his resignation.\n(2) A person shall be reappointed under this section without being\nrequired to undergo any medical examination and whether or not he\npossesses the appropriate educational qualifications or meets the\nappropriate requirements.\n(3) A person shall be reappointed under this section without probation.\n(4) A person reappointed under this section shall be deemed to have\ncontinued in the Police Force as if he had not resigned but had\nbeen on leave of absence without pay during the period from the\nday on which his resignation became effective to and including the\nday immediately preceding the day on which he was reappointed.\n(5) The period referred to in subsection (4) shall, for all purposes, be\ndeemed to form part of the member's period of service in the Police\nForce.\n(6) This section does not authorise the reappointment of a person who\nhas attained the age of 67 years.\n","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Retirement","content":"22 Retirement\n(1) A member who has attained the age of 55 years may retire from the\n(2) A member who attains the age of 67 years ceases to be a member\nof the Police Force.\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Function of members","content":"25 Function of members\nSubject to this Act, a member shall perform the duties and\nobligations and have the powers and privileges as are, by any law\nin force in the Territory, conferred or imposed on him.\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Members to take oath","content":"26 Members to take oath\n(1) A person shall not exercise or perform any of the powers, functions\nor duties conferred or imposed upon a member of the Police Force\nby a law of the Territory unless he or she has taken and subscribed\nan oath in the form in the Schedule.\n(2) An oath under subsection (1) must be administered by the\nCommissioner, a Deputy Commissioner or an Assistant\n\nDivision 4 Appointment and duties of Special Constables generally\nPolice Administration Act 1978 22\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Oath binding on members","content":"27 Oath binding on members\nA person on taking and subscribing the oath as provided in\nsection 26, or on probation under section 16A, shall be bound by\nthe terms and conditions of his employment as a member of the\nPolice Force, as provided by this Act, until such time as he ceases\nto be a member of the Police Force.\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Members to serve the Crown","content":"28 Members to serve the Crown\n(1) Subject to subsections (2) and (3), every person, on taking and\nsubscribing the oath as provided in section 26, shall be deemed to\nhave thereby entered into a written agreement with, and shall be\nthereby bound to serve the Crown as a member of the Police Force\nor in any other capacity if so instructed in accordance with this Act\nor the regulations, at the current rate of pay, until lawfully\ndischarged.\n(2) No agreement of the type referred to in subsection (1) shall be set\naside for want of reciprocity.\n(3) An agreement of the type referred to in subsection (1) may be\ncancelled at any time by the lawful discharge, dismissal or removal\nfrom office of any such person, or by the resignation of any such\nperson being accepted by the Administrator or the Commissioner,\nas the case may be.\nDivision 4 Appointment and duties of Special Constables\ngenerally\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Appointment of police of other jurisdictions as Special","content":"29 Appointment of police of other jurisdictions as Special\nConstables\n(1) The Commissioner may at any time appoint or authorise the\nappointment, as a Special Constable, of a person who is a member\nof the police force (however described):\n(a) of the Commonwealth; or\n(b) of a State; or\n(c) of another Territory.\n(2) The appointment may be:\n(a) on the terms and conditions the Commissioner considers\nappropriate; and\n\nDivision 4 Appointment and duties of Special Constables generally\nPolice Administration Act 1978 23\n(b) of persons identified by reference to:\n(i) a particular work location; or\n(ii) a particular operational unit or work group; or\n(iii) any other identifiable designation.\n(3) A Special Constable appointed under this section is taken to be a\nmember of the Police Force and has the duties, obligations, powers\nand privileges imposed or conferred on a member under any law in\nforce in the Territory.\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Appointment of other persons as Special Constables","content":"30 Appointment of other persons as Special Constables\n(1) The Commissioner may at any time appoint or authorise the\nappointment, as a Special Constable, of a person to whom\nsection 29 does not apply.\n(2) The appointment may be on the terms and conditions the\nCommissioner considers appropriate.\n(3) A Special Constable appointed under this section is taken to be a\nmember of the Police Force and has the duties, obligations, powers\nand privileges specified in the instrument of appointment.\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Revocation of appointment","content":"31 Revocation of appointment\nThe Commissioner may at any time revoke the appointment of a\nSpecial Constable.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Special Constable to take oath","content":"32 Special Constable to take oath\n(1) Before a Special Constable begins to discharge the duties of office,\nthe Special Constable must take and subscribe an oath in\naccordance with the form in the Schedule.\n(2) The oath must be administered by a person authorised by the\nCommissioner to administer it.\n(3) The oath may be taken outside the Territory.\n(4) If the oath is taken outside the Territory, the person administering it\nmust send to the Commissioner within 14 days after it is taken or\nmade:\n(a) a copy of the oath; and\n(b) a written statement, signed by the person, stating the person's\nname and authority to administer the oath.\n\n","sortOrder":41},{"sectionNumber":"Div 5","sectionType":"division","heading":"Special Constables and urgent cross-border assistance","content":"Division 5 Special Constables and urgent cross-border assistance\nPolice Administration Act 1978 24\n(5) A failure to comply with subsection (4) does not invalidate the\nappointment of a Special Constable.\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Evidence of appointment","content":"33 Evidence of appointment\nThe Commissioner must issue to each Special Constable evidence\nof appointment which is, for all purposes, evidence of the\nappointment and authority of the Special Constable to whom it is\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Neglect of duty","content":"34 Neglect of duty\nA Special Constable must not neglect or refuse to obey any lawful\norder given to the Special Constable in connection with the\nperformance of the duties of office.\n3 months.\nDivision 5 Special Constables and urgent cross-border\n","sortOrder":44},{"sectionNumber":"34A","sectionType":"section","heading":"Definitions","content":"34A Definitions\ndeclaration means a declaration made under section 34B.\nperiod of operation, of a declaration, means the period during\nwhich the declaration is in force (including any periods of extension\nunder section 34C).\n","sortOrder":45},{"sectionNumber":"34B","sectionType":"section","heading":"Declaration of incident requiring urgent cross-border","content":"34B Declaration of incident requiring urgent cross-border\n(1) The Commissioner may, orally or in writing, declare that an incident\nrequires urgent cross-border assistance.\n(2) The declaration must specify the period it will be in force, which\nmust not exceed 14 days inclusive of the day it is made.\n(3) In deciding whether to make a declaration, the Commissioner must\nhave regard to the following matters:\n(a) the nature, urgency and seriousness of the incident;\n(b) the adequacy of the resources and capabilities of the Police\nForce to deal with the incident without the assistance of other\njurisdictions;\n\nDivision 5 Special Constables and urgent cross-border assistance\nPolice Administration Act 1978 25\n(c) the expertise and assistance that could be expected to be\nprovided by other jurisdictions.\n(4) The Commissioner must, as soon as practicable (but within\n14 days) after making a declaration, forward to the Minister:\n(a) if the declaration is in writing – a copy of the declaration; or\n(b) if the declaration was made orally – written confirmation of its\nmaking.\n(5) A failure to comply with subsection (4) does not invalidate the\ndeclaration.\n","sortOrder":46},{"sectionNumber":"34C","sectionType":"section","heading":"Extension of declaration","content":"34C Extension of declaration\n(1) During the period a declaration is in force, the Commissioner may\nextend the operation of the declaration.\n(2) Section 34B applies to the extension of a declaration in the same\nway as it applies to the making of the declaration.\n(3) The Commissioner may extend a declaration in accordance with\nthis section as many times as necessary.\n","sortOrder":47},{"sectionNumber":"34D","sectionType":"section","heading":"Appointment of Special Constables","content":"34D Appointment of Special Constables\n(1) During the period of operation of a declaration, Special Constables\nmay be appointed under section 29 orally or in writing.\n(2) If Special Constables are appointed during the period of operation\nof a declaration, the Commissioner must, as soon as practicable\nafter the end of that period:\n(a) forward written confirmation of the appointments to the\nMinister, specifying, in relation to each Special Constable:\n(i) the person's name; and\n(ii) the police force to which the person is permanently\nappointed and the rank held in that police force; and\n(b) forward written confirmation to each Special Constable of the\nperson's appointment, specifying the period of appointment.\n(3) Subsection (2) applies whether a Special Constable is appointed\nindividually or by reference to a work location, operational unit, work\ngroup or other designation.\n(4) A failure to comply with subsection (2) does not invalidate the\nappointment of a Special Constable.\n\nPolice Administration Act 1978 26\n34E Oath\n(1) Despite section 32, it is not necessary for a Special Constable\nappointed during the period of operation of a declaration to take an\noath before the Special Constable begins to discharge the duties of\noffice.\n(2) However, a Special Constable appointed during that period must\ntake and subscribe an oath in accordance with section 32 as soon\nas practicable after appointment.\n","sortOrder":48},{"sectionNumber":"34F","sectionType":"section","heading":"Termination of appointment","content":"34F Termination of appointment\nUnless the appointment is revoked earlier under section 31, a\nSpecial Constable appointed during the period of operation of a\ndeclaration ceases to be a Special Constable at the end of that\nperiod.\n","sortOrder":49},{"sectionNumber":"34G","sectionType":"section","heading":"Establishment of Ethical and Professional Standards","content":"34G Establishment of Ethical and Professional Standards\nCommand\nThe Ethical and Professional Standards Command of the Police\nForce is established.\n","sortOrder":50},{"sectionNumber":"34H","sectionType":"section","heading":"Functions","content":"34H Functions\nThe Professional Standards Command has the following functions:\n(a) to ensure the highest ethical and professional standards are\nmaintained in the Police Force;\n(b) to investigate and otherwise deal with complaints about\nconduct of members under Part 7 of the Ombudsman\nAct 2009;\n(c) to perform functions as directed by the Commissioner to be\nperformed, including functions relating to the discipline of\nmembers;\n(d) to perform other functions conferred on it under this or another\nAct.\n","sortOrder":51},{"sectionNumber":"34J","sectionType":"section","heading":"Composition of Professional Standards Command","content":"34J Composition of Professional Standards Command\n(1) The Professional Standards Command consists of the following:\n(a) members assigned to the command by the Commissioner;\n\nPolice Administration Act 1978 27\n(b) public sector employees employed in the Police Civil\nEmployment Unit and assigned to the command.\n(2) The officer in charge of the Professional Standards Command must\nbe a member of or above the rank of Commander.\n","sortOrder":52},{"sectionNumber":"34K","sectionType":"section","heading":"Professional Standards Command members not subject to","content":"34K Professional Standards Command members not subject to\ndirection\nIn exercising a power or performing a function for Part 7 of the\nOmbudsman Act 2009, a Professional Standards Command\nmember is subject only to the direction of:\n(a) for the officer in charge of the Professional Standards\nCommand – the Commissioner; and\n(b) for a Professional Standards Command member other than\nthe officer in charge – the Commissioner or another\nProfessional Standards Command member.\n","sortOrder":53},{"sectionNumber":"34L","sectionType":"section","heading":"Professional Standards Command members may be directed","content":"34L Professional Standards Command members may be directed\nto perform other functions\n(1) The Commissioner may direct a Professional Standards Command\nmember to perform functions not related to the functions of the\nProfessional Standards Command.\n(2) However, the Commissioner must not issue the direction unless the\nCommissioner is satisfied performance of the functions is not likely\nto unreasonably interfere with the operations of the Professional\nStandards Command.\n(3) In addition, the Commissioner must not direct a Professional\nStandards Command member to investigate an offence alleged to\nhave been committed by a Professional Standards Command\nmember other than in exceptional circumstances.\n","sortOrder":54},{"sectionNumber":"34M","sectionType":"section","heading":"Others may be directed to exercise powers and perform","content":"34M Others may be directed to exercise powers and perform\nfunctions for Professional Standards Command\n(1) The Commissioner may direct a member who is not a Professional\nStandards Command member, or a public sector employee, to\nexercise powers and perform functions for Part 7 of the\nOmbudsman Act 2009.\n(2) The member or employee is taken to be a Professional Standards\nCommand member for that purpose.\n\nPolice Administration Act 1978 28\nPart III Conditions of service of members of Police\nForce\n","sortOrder":55},{"sectionNumber":"35A","sectionType":"section","heading":"Definitions","content":"35A Definitions\nIn this Part, unless the contrary intention appears:\nChairperson means the person appointed under section 36(2)(a).\nconciliator means a person appointed under section 40D(1).\nMinister's nominee means the person appointed under\nsection 36(2)(b).\nPolice Association's nominee means the person appointed under\nsection 36(2)(c).\n","sortOrder":56},{"sectionNumber":"35","sectionType":"section","heading":"Establishment of Tribunal","content":"35 Establishment of Tribunal\nThere shall be a Police Arbitral Tribunal which shall have\njurisdiction to hear and determine all matters relating to the\nremuneration and terms and conditions of service of members of\nthe Police Force other than the Commissioner, a Deputy\nCommissioner, an Assistant Commissioner or a member of the rank\nof Commander.\n","sortOrder":57},{"sectionNumber":"36","sectionType":"section","heading":"Constitution of Tribunal","content":"36 Constitution of Tribunal\n(1) The Tribunal is constituted by:\n(a) the Chairperson;\n(b) the Minister's nominee; and\n(c) the Police Association's nominee.\n(2) The Minister may, by notice in the Gazette, appoint:\n(a) a person to be the Chairperson;\n(b) a person to be the Minister's nominee; and\n(c) a person to be the Police Association's nominee.\n\nPolice Administration Act 1978 29\n(3) The Minister must not appoint a person to be the Chairperson\nunless the person:\n(a) is a member of the Australian Industrial Relations Commission\nestablished by the Workplace Relations Act 1996 of the\nCommonwealth whose appointment to the Tribunal has been\nagreed to by the President of the Commission; or\n(b) is a person who, in the opinion of the Minister, has suitable\nqualifications and experience to be appointed Chairperson.\n","sortOrder":58},{"sectionNumber":"36A","sectionType":"section","heading":"Deputy members","content":"36A Deputy members\n(1) The Minister may, by notice in the Gazette, appoint:\n(a) a person to be the deputy of the Chairperson;\n(b) a person to be the deputy of the Minister's nominee; and\n(c) a person to be the deputy of the Police Association's nominee.\n(2) The Minister must not appoint a person to be the deputy of the\nChairperson unless the person:\n(a) is a member of the Australian Industrial Relations Commission\nestablished by the Workplace Relations Act 1996 of the\nCommonwealth whose appointment as the deputy of the\nChairperson has been agreed to by the President of the\nCommission; or\n(b) is a person who, in the opinion of the Minister, has suitable\nqualifications and experience to be appointed as the deputy of\nthe Chairperson.\n(3) A person who is appointed under subsection (1) to be the deputy of\nthe holder of an office is to act in that office while the holder of the\noffice is absent or unable to act as a member of the Tribunal for any\nreason.\n","sortOrder":59},{"sectionNumber":"36B","sectionType":"section","heading":"Commissioner and Association to recommend certain","content":"36B Commissioner and Association to recommend certain\nmembers of Tribunal\n(1) The Minister may only appoint a person to be the Minister's\nnominee or the deputy of the Minister's nominee if the person is not\na member of the Police Force.\n(2) If there is a vacancy in the office of:\n(a) the Minister's nominee or the deputy of the Minister's\nnominee – the Minister must give notice in writing to the\n\nPolice Administration Act 1978 30\nCommissioner and the Commissioner for Public Employment\nrequesting them to recommend in writing a person to the office\nwithin 30 days after the notice is given; or\n(b) the Police Association's nominee or the deputy of the Police\nAssociation's nominee – the Minister must give notice in\nwriting to the Police Association requesting the Association to\nrecommend in writing a person to the office within 30 days\nafter the notice is given.\n(3) The Minister may only appoint a person to be the Minister's\nnominee or the deputy of the Minister's nominee after:\n(a) the Minister has received a recommendation in writing from\nthe Commissioner and the Commissioner for Public\nEmployment; or\n(b) 30 days after notice is given by the Minister under\nsubsection (2)(a).\n(4) The Minister may only appoint a person to be the Police\nAssociation's nominee or the deputy of the Police Association's\nnominee if the person is recommended for appointment in a notice\nto the Minister given by the Police Association.\n(5) Subsection (4) does not apply if the Police Association has not\nrecommended a person in writing within 30 days after notice is\ngiven by the Minister under subsection (2)(b) to be the Police\nAssociation's nominee or the deputy of the Police Association's\nnominee.\n","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Duration of appointment","content":"37 Duration of appointment\n(1) Subject to subsection (3), a person appointed under section 36\nor 36A holds office for the term of not more than 3 years that is\nspecified in his or her notice of appointment.\n(2) A person appointed under section 36 or 36A is eligible for\nreappointment.\n(3) A person appointed under section 36 or 36A ceases to be a\nmember of the Tribunal or a deputy of a member of the Tribunal:\n(a) if the Minister receives a written notice of resignation, signed\nby the person;\n(b) if the Minister appoints another person under that section in\nthe place of that person; or\n(c) if the person dies.\n\nPolice Administration Act 1978 31\n","sortOrder":61},{"sectionNumber":"37A","sectionType":"section","heading":"Members and deputy members to take oath","content":"37A Members and deputy members to take oath\n(1) A member of the Tribunal or a deputy of a member of the Tribunal\nmust, before first exercising his or her powers or performing his or\nher functions under this Act, take the oath set out in Form 3 in the\nSchedule.\n(2) An oath under subsection (1) must be administered by a justice of\nthe peace.\n","sortOrder":62},{"sectionNumber":"38","sectionType":"section","heading":"Procedures","content":"38 Procedures\n(1) A matter before the Tribunal is to be resolved by a decision of the\nmajority of the members of the Tribunal.\n(2) Subject to this Act, the procedures to be adopted at the hearings of\nthe Tribunal shall be determined by the Tribunal.\n","sortOrder":63},{"sectionNumber":"39","sectionType":"section","heading":"Secretary to the Tribunal","content":"39 Secretary to the Tribunal\nThere shall be a secretary to the Tribunal who shall be appointed\nby the Minister.\n","sortOrder":64},{"sectionNumber":"40","sectionType":"section","heading":"Meetings may be requested","content":"40 Meetings may be requested\n(1) The Secretary must, at the written request of the Commissioner or\nthe Police Association, call a meeting of the Chairperson, the\nCommissioner and the Police Association about matters relating to\nthe remuneration or terms and conditions of service of members of\nthe Police Force, or both.\n(2) The Secretary must call a meeting under subsection (1) within\n14 days after receiving the request or, if it is not practicable to do so\nwithin 14 days, as soon as practicable after receiving the request.\n","sortOrder":65},{"sectionNumber":"40A","sectionType":"section","heading":"Attempts at conciliation to be made","content":"40A Attempts at conciliation to be made\n(1) At a meeting called under section 40(1), the Chairperson must:\n(a) require the Commissioner and the Police Association, or their\nrepresentatives, to attempt to conciliate the matters at issue\nbetween the parties; and\n(b) for that purpose – appoint a person from the panel appointed\nunder section 40D to be a conciliator in relation to the matters.\n(2) The Chairperson may only appoint a conciliator under\nsubsection (1)(b) after taking into account submissions made by the\nCommissioner and the Police Association as to the matters at issue\nbetween the parties to which the request under section 40 relates.\n\nPolice Administration Act 1978 32\n(3) Despite subsection (1), the Chairperson may decide that a matter is\nto be determined by the Tribunal without requiring the\nCommissioner and the Police Association to attempt to conciliate\nthe matter if the Chairperson is satisfied that the attempt is unlikely\nto be successful.\n(4) If the Chairperson decides that the matter is to be determined by\nthe Tribunal, the Tribunal must conduct a hearing and make a\ndecision in relation to the matter.\n","sortOrder":66},{"sectionNumber":"40B","sectionType":"section","heading":"Conciliation","content":"40B Conciliation\n(1) A conciliator must do everything that appears to him or her to be\nright and proper to assist the parties to reach agreement in relation\nto the matters at issue between the parties.\n(2) The action that may be taken by a conciliator under subsection (1)\nincludes any of the following:\n(a) arranging conferences by the parties or their representatives\npresided over by the conciliator;\n(b) arranging for the parties or their representatives to confer\namongst themselves at conferences that the conciliator does\nnot attend;\n(c) facilitating agreement between the parties as to matters\nreferred to conciliation;\n(d) mediation;\n(e) advising the Tribunal that the parties have requested the\nTribunal to make a determination or to vary or revoke a\ndetermination of the Tribunal;\n(f) concluding the matter by both parties agreeing not to continue\nwith the matter.\n(3) The procedures to be adopted in relation to conciliation of a matter\nare to be as determined by the conciliator.\n(4) A conciliator must not, except with the agreement of the\nCommissioner and the Police Association, disclose anything said or\ndone for the purposes of conciliating a matter under this Part.\n(5) A conciliator is not personally liable for any action taken, or not\ntaken, in good faith for the purposes of conciliating a matter under\nthis Part.\n\nPolice Administration Act 1978 33\n(6) If an agreement under this section is inconsistent with a\ndetermination of the Tribunal, the determination prevails to the\nextent of the inconsistency.\n","sortOrder":67},{"sectionNumber":"40C","sectionType":"section","heading":"Referral of matters to Tribunal","content":"40C Referral of matters to Tribunal\n(1) The Commissioner and the Police Association may together\nrequest the Tribunal to conduct a hearing and make a decision in\nrelation to all or any aspects of a matter to which a request under\nsection 40(1) relates.\n(2) If a request is received under subsection (1) and the Chairperson is\nsatisfied that the parties have made a genuine attempt to agree\nabout those aspects of the matter in the course of conciliation under\nthis Part, the Tribunal must conduct a hearing and make a decision\nin relation to those aspects of the matter about which agreement\nhas not been reached.\n(3) A conciliator must notify the Tribunal as to the results of conciliation\nbetween the parties within 14 days after conciliation has concluded.\n(4) If a conciliator notifies the Tribunal that the parties have agreed to\nrequest a decision of the Tribunal as to whether to make a\ndetermination or to vary or revoke a determination of the Tribunal,\nthe Tribunal must conduct a hearing and decide the matter.\n","sortOrder":68},{"sectionNumber":"40D","sectionType":"section","heading":"Panel of conciliators","content":"40D Panel of conciliators\n(1) The Minister may appoint a suitably qualified and experienced\nperson, who is not a member of the Tribunal, a deputy of a member\nof the Tribunal or a member of the Police Force, to be a member of\na panel of conciliators.\n(2) The Minister may only appoint a person under subsection (1) after\ntaking into account submissions made by the Commissioner and\nthe Police Association as to the persons suitable to be members of\nthe panel of conciliators.\n","sortOrder":69},{"sectionNumber":"42","sectionType":"section","heading":"Gazettal of determinations","content":"42 Gazettal of determinations\n(1) A determination made by the Tribunal in pursuance of this Division\nshall be notified in the Gazette by a notice stating that such\ndetermination has been made and specifying the place where\ncopies of the determination can be purchased or obtained.\n(2) A determination shall, except to the extent to which it is expressed\nto come into operation on an earlier or later date, come into\noperation on the date of its notification in the Gazette.\n\nPolice Administration Act 1978 34\n(3) When the Tribunal makes a determination under this Part, it shall\nforthwith send a copy of the determination to the Minister.\n(4) The Minister shall, on the first sitting day of the Legislative\nAssembly after he receives a copy of the determination forwarded\nto him pursuant to subsection (3), cause that copy to be laid before\nthe Assembly.\n","sortOrder":70},{"sectionNumber":"43","sectionType":"section","heading":"Determination binding on all parties","content":"43 Determination binding on all parties\n(1) Any determination made by the Tribunal in pursuance of this Act\nshall be binding on the Crown, the Commissioner and the members\nof the Police Force to whom it is expressed to relate.\n(2) A person shall not:\n(a) fail or omit to abide by any determination; or\n(b) do, or procure any person to do, anything in contravention of\nthe provisions of a determination.\n","sortOrder":71},{"sectionNumber":"44","sectionType":"section","heading":"Interpretation of determination","content":"44 Interpretation of determination\n(1) Notwithstanding anything contained in this Act, the Tribunal may,\non its own motion or on the submission of any person or\norganisation interested in any determination, give an interpretation\nof any term of an existing determination, and the provisions of this\nAct shall apply to any such interpretation in like manner as they\napply to a determination.\n(2) Before giving any such interpretation on its own motion, the\nTribunal shall hear argument on behalf of any person or\norganisation who or which is interested in the determination and is\ndesirous of being heard.\n","sortOrder":72},{"sectionNumber":"45","sectionType":"section","heading":"Witnesses","content":"45 Witnesses\n(1) For the purposes of this Part, the Tribunal may, by writing, summon\nany person to attend the Tribunal at a time and place named in the\nsummons to give evidence or produce any books, documents or\nwritings in his custody or control which the Tribunal deems relevant\nto any proceedings before it and which the person is required by\nthe summons to produce.\n(2) The Tribunal may, in its discretion, on the application of a party to\nproceedings before it, by writing, summon any person to appear as\na witness before the Tribunal.\n\nPolice Administration Act 1978 35\n","sortOrder":73},{"sectionNumber":"46","sectionType":"section","heading":"Evidence on oath","content":"46 Evidence on oath\nThe Tribunal may require a person appearing as a witness before\nthe Tribunal to give evidence on oath.\n","sortOrder":74},{"sectionNumber":"47","sectionType":"section","heading":"Failure to answer summons","content":"47 Failure to answer summons\nA person served with a summons under section 45 shall not fail\nwithout reasonable excuse to attend the Tribunal, or to produce any\ndocuments, books or writings in his custody or control, which he\nwas required by the summons to produce.\n","sortOrder":75},{"sectionNumber":"48","sectionType":"section","heading":"Offences by witnesses","content":"48 Offences by witnesses\n(1) A person appearing as a witness before the Tribunal must not\nrefuse to take an oath when required by the Tribunal to do so or to\nanswer any question relevant to the proceedings before the\nTribunal which is put to him by the Tribunal.\n(2) Nothing in subsection (1) shall be construed as compelling a person\nto answer any question which would tend to incriminate him.\n","sortOrder":76},{"sectionNumber":"49","sectionType":"section","heading":"Perjury","content":"49 Perjury\nA witness before the Tribunal shall not knowingly give false\ntestimony touching any matter material to any proceedings before\nthe Tribunal.\n","sortOrder":77},{"sectionNumber":"50","sectionType":"section","heading":"Protection of members of Tribunal","content":"50 Protection of members of Tribunal\n(1) The Chairperson is not personally liable for an action taken, or not\ntaken, in good faith in administering this Part.\n(2) A member of the Tribunal or a deputy of a member of the Tribunal\nis not personally liable for any action taken, or not taken, in good\nfaith by the Tribunal in administering this Part.\n\nPolice Administration Act 1978 36\n","sortOrder":78},{"sectionNumber":"50A","sectionType":"section","heading":"Appeals to Supreme Court","content":"50A Appeals to Supreme Court\nThe Commissioner or the Police Association may, with the leave of\nthe Supreme Court, appeal to the Supreme Court against a\ndetermination made under Part III, Division 1, but only on a\nquestion of law.\n","sortOrder":79},{"sectionNumber":"51","sectionType":"section","heading":"Parties to consent agreement","content":"51 Parties to consent agreement\nThe Minister and the Police Association may, from time to time,\nenter into consent agreements relating to the remuneration and\nterms and conditions of service of members of the Police Force,\nother than the Commissioner, a Deputy Commissioner, an\nAssistant Commissioner or a member of the rank of Commander.\n","sortOrder":80},{"sectionNumber":"52","sectionType":"section","heading":"Consent agreements to be in writing","content":"52 Consent agreements to be in writing\nEvery consent agreement made in pursuance of section 51 shall be\nin writing and, subject to this Part, shall remain in force for such\nperiod, not exceeding 5 years, as is specified in the agreement.\n","sortOrder":81},{"sectionNumber":"53","sectionType":"section","heading":"Certification of consent agreements by Tribunal","content":"53 Certification of consent agreements by Tribunal\n(1) No consent agreement made in pursuance of section 51 shall have\neffect until it has been certified by the Tribunal and filed under\nsubsection (3).\n(2) The Tribunal shall certify a consent agreement unless it is of the\nopinion that it is not in the public interest that it should be certified.\n(3) An agreement referred to in subsection (1) and certified under\nsubsection (2) shall be filed with the secretary to the Tribunal and\nshall be of full force and effect according to its terms.\n(4) Upon certifying a consent agreement under subsection (2), the\nTribunal shall transmit a copy of the certified consent agreement to\nthe Minister.\n(5) The Minister shall, on the first sitting day of the Legislative\nAssembly after he receives a copy of the certified consent\nagreement, cause that copy to be laid before the Assembly.\n","sortOrder":82},{"sectionNumber":"54","sectionType":"section","heading":"Consent agreement binding on all parties","content":"54 Consent agreement binding on all parties\n(1) Every consent agreement shall during its continuance be binding on\nthe Crown, the Commissioner and the members of the Police Force\nto whom it is expressed to relate.\n\nPolice Administration Act 1978 37\n(2) A person shall not:\n(a) fail or omit to abide by a term of a consent agreement; or\n(b) do, or procure any person to do, anything in wilful\ncontravention of the provisions of a consent agreement.\n","sortOrder":83},{"sectionNumber":"55","sectionType":"section","heading":"Consent agreement to be notified in the Gazette","content":"55 Consent agreement to be notified in the Gazette\nAny agreement made in pursuance of section 51 shall be notified in\nthe Gazette by a notice stating that the agreement has been made\nand specifying the place where copies of the agreement can be\npurchased or obtained.\n","sortOrder":84},{"sectionNumber":"56","sectionType":"section","heading":"Duration of consent agreement","content":"56 Duration of consent agreement\nIn default of any express provision to the contrary therein\ncontained, an agreement shall, unless rescinded, and subject to\nany variation, continue in force after the expiration of the term\nspecified therein, until the expiration of one month after either party\nthereto has given written notice to the secretary to the Tribunal and\nto the other party of his desire to determine it.\n","sortOrder":85},{"sectionNumber":"57","sectionType":"section","heading":"Effect of consent agreement of the Tribunal","content":"57 Effect of consent agreement of the Tribunal\nA consent agreement, once certified and filed, shall have effect as a\ndetermination of the Tribunal.\n","sortOrder":86},{"sectionNumber":"76","sectionType":"section","heading":"Breaches of discipline","content":"76 Breaches of discipline\nA member commits a breach of discipline if the member:\n(a) engages in disgraceful or improper conduct, either on or off\nduty; or\n(b) is negligent, inefficient or careless in the discharge of the\nmember's duties; or\n(c) contravenes or fails to comply with a provision of a Code of\nConduct referred to in section 14A(2); or\n\nPolice Administration Act 1978 38\n(d) fails to obey a lawful direction, instruction or order given by, or\ncaused to be issued by, the Commissioner or a member or\nperson having authority over the member, including general\norders and instructions issued under section 14A(1) and\ndirections, instructions or orders given in relation to a breach\nof discipline or an alleged breach of discipline; or\n(da) gives misleading information to the Commissioner or a\nmember or person having authority over the member in\nrelation to a breach of discipline or an alleged breach of\ndiscipline; or\n(db) fails to be of good behaviour for a period fixed under\nsection 84D(c); or\n(e) uses a substance (including liquor or a drug) in a manner that\nresults in unacceptable performance of the member's duties or\nimproper conduct whilst on duty; or\n(f) is absent from duty except:\n(i) where proper leave has been granted; or\n(ii) with reasonable cause; or\n(g) is convicted of an offence, whether within or outside the\nTerritory; or\n(h) aids, abets, counsels or procures, or, by any act or omission,\nis directly or indirectly knowingly concerned in or a party to, a\nbreach of discipline committed by another member in\ncircumstances referred to in paragraphs (a), (b), (c), (d), (da),\n(db), (e) or (f).\n","sortOrder":87},{"sectionNumber":"76A","sectionType":"section","heading":"Suspension of member facing criminal charges","content":"76A Suspension of member facing criminal charges\nWhere a member is charged with having committed an offence,\nwhether within the Territory or elsewhere, the Commissioner may\nsuspend the member from duty.\n","sortOrder":88},{"sectionNumber":"77","sectionType":"section","heading":"Effect of pending criminal proceedings","content":"77 Effect of pending criminal proceedings\nFor the avoidance of doubt, anything may be done or continued\nunder this Part notwithstanding that criminal proceedings in respect\nof the matter to which it relates have been commenced or are\ncontemplated.\n\nPolice Administration Act 1978 39\nDivision 2 Public interest dismissal\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Dismissal","content":"78 Dismissal\nNotwithstanding anything else in this Act, a member may be\nimmediately dismissed from the Police Force where the\nCommissioner:\n(a) is of the opinion that the member has committed a breach of\ndiscipline and it is in the public interest that the member be\nimmediately dismissed; and\n(b) has taken into account any written response of the member\nmade after service on the member of a notice under\nsection 79.\n","sortOrder":90},{"sectionNumber":"79A","sectionType":"section","heading":"Member to answer questions or give information in relation to","content":"79A Member to answer questions or give information in relation to\nbreach of discipline\n(1) This section applies to a member who is required by the\nCommissioner or a prescribed member to answer questions or\nprovide information in relation to an alleged or suspected breach of\ndiscipline by a member, whether or not an investigation has been\ninitiated under section 81(3).\n(2) The member is not excused from answering a question or providing\ninformation when required to do so in relation to the breach of\ndiscipline or alleged breach of discipline on the ground that the\nanswer to the question or the information may:\n(a) incriminate the member; or\n(b) make the member liable to a penalty.\n(3) However, the answer to the question or the information is not\nadmissible as evidence against the member:\n(a) in any other proceedings against the member under this Act;\nor\n(b) in civil or criminal proceedings in a court.\n(4) Subsection (3) does not apply in relation to proceedings for the\nfollowing matters:\n(a) perjury;\n(b) employment;\n\nPolice Administration Act 1978 40\n(c) a claim in tort against the Territory made by a member.\nNote for section 79A\nFailure to comply with this section may constitute a breach of discipline under\nsection 76(d) or (da).\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Service of notice for alleged breach of discipline","content":"79 Service of notice for alleged breach of discipline\nWhere:\n(a) the Commissioner believes, on reasonable grounds, that a\n(b) a prescribed member believes, on reasonable grounds, that a\nmember of a rank below that of the prescribed member,\nhas committed a breach of discipline and considers that the breach\nis serious enough to warrant action being taken under this Part, the\nCommissioner or prescribed member shall serve a notice under\nsection 84F on the member.\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Action pending decision on alleged breach of discipline","content":"80 Action pending decision on alleged breach of discipline\n(1) Where:\n(a) the Commissioner believes, on reasonable grounds, that a\n(b) a prescribed member believes, on reasonable grounds (and\nadvises the Commissioner in writing of the belief), that a\nmember of a rank below that of the prescribed member,\nhas committed a breach of discipline, the Commissioner may, at\nany time after the notice under this Part has been served on the\n(c) transfer the member:\n(i) from the position held by the member in the Police Force\nto another position in the Police Force; and/or\n(ii) from the locality in the Territory where the member is\nstationed to another locality in the Territory;\n(d) direct the member to take any leave that has accrued to the\nmember under this Act; or\n(e) suspend the member from the Police Force,\nor do any one or more of those things, to have effect either\n\nPolice Administration Act 1978 41\n(2) A decision of the Commissioner under subsection (1):\n(a) is final and not capable of being reviewed in a court; and\n(b) remains in force, unless varied or revoked by the\nCommissioner, until all actions under this Part in respect of the\nmember are completed.\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Member's response to notice for alleged breach of discipline","content":"81 Member's response to notice for alleged breach of discipline\n(1) Where the Commissioner or prescribed member is satisfied with the\nresponse provided by a member served with a notice under\nsection 84F, the Commissioner or prescribed member shall take no\nfurther action on the matter.\n(2) Where a member served with a notice under section 84F admits the\nbreach of discipline or does not respond to the notice within the\nperiod specified in the notice, the Commissioner or prescribed\n(a) take no further action on the matter;\n(b) counsel and caution the member;\n(c) cause the member to be formally cautioned in writing; or\n(d) where the Commissioner or prescribed member considers the\nbreach of discipline is of such a serious nature that action\nunder paragraph (a), (b) or (c) is not appropriate:\n(i) in the case of the Commissioner – take such action\nunder section 84D as the Commissioner thinks\nappropriate as if the Commissioner had received a\nreport prepared under section 84C(1)(b); or\n(ii) in the case of the prescribed member:\n(A) take such action in relation to, or impose such a\nfine on, the member as the prescribed member has\npower to take or impose under this Act; or\n(B) report the breach of discipline to the Commissioner\nrecommending a course of action that the\nCommissioner might consider taking under\nsection 84D.\n\nPolice Administration Act 1978 42\n(3) Where a member served with a notice under section 84F:\n(a) does not respond to the notice within the period specified in\nthe notice and the Commissioner or prescribed member does\nnot consider action under subsection (2) is appropriate;\n(b) responds to the notice within the period specified but does not\nadmit the breach of discipline; or\n(c) provides an explanation that the Commissioner or prescribed\nmember does not consider satisfactory,\nthe Commissioner or prescribed member may arrange for an\ninvestigation to be carried out by a member or members to\ndetermine whether the member has in fact committed a breach of\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Conduct of investigation","content":"82 Conduct of investigation\n(1) Nothing in this Part shall be taken as:\n(a) preventing a prescribed member who arranges an\ninvestigation referred to in section 81 from carrying out the\ninvestigation, alone or in conjunction with another member or\nother members; or\n(b) preventing more than one investigation to be carried out to\ndetermine whether a member has committed a breach of\n(2) Subject to subsection (3), an investigation referred to in\nsection 81(3) shall be completed within 3 months after it is\narranged.\n(3) The Commissioner may allow a longer period to complete an\ninvestigation under subsection (2) after reviewing the progress of\nthe investigation before the expiration of the period of 3 months and\nthereafter before the expiration of each succeeding period of one\nmonth during which the investigation continues.\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Medical examinations","content":"83 Medical examinations\n(1) In the course of an investigation referred to in section 81, if the\nmember or members carrying out the investigation is or are of the\nopinion that it is relevant to the investigation for the member the\nsubject of the investigation to be so examined, the member or\nmembers may direct that member to submit to an examination by\none or more:\n(a) health practitioners; or\n\nPolice Administration Act 1978 43\n(b) other persons having relevant qualifications,\nas the member or members carrying out the investigation thinks or\nthink fit.\n(2) Where a member has been directed under subsection (1) to submit\nexamination by a health practitioner or other person referred to in\nthat subsection of the member's own choice and submit the report\nof that examination to the Commissioner or prescribed member, as\nthe case may be, who shall take the report into account.\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Outcome of investigation","content":"84 Outcome of investigation\nWhere, as a result of an investigation, the Commissioner or\nprescribed member:\n(a) is satisfied that the member has not committed a breach of\ndiscipline, the Commissioner or prescribed member shall take\nno further action; or\n(b) continues to believe, on the same or different reasonable\ngrounds, that the member has committed a breach of\ndiscipline, the Commissioner or prescribed member may:\n(i) take no further action;\n(ii) counsel and caution the member;\n(iii) cause the member to be formally cautioned in writing; or\n(iv) charge the member with the breach of discipline alleged.\n","sortOrder":97},{"sectionNumber":"84A","sectionType":"section","heading":"Charge of breach of discipline","content":"84A Charge of breach of discipline\n(1) Where the Commissioner or prescribed member charges a member\nwith a breach of discipline, the Commissioner or prescribed\nmember shall appoint a prescribed member or prescribed members\nto conduct a hearing into the charge.\n(2) With the consent of the member charged, the prescribed member\nlaying the charge may be appointed under subsection (1).\n(3) Where a member is charged with a breach of discipline, notice\nunder section 84F shall be served on the member.\n\nPolice Administration Act 1978 44\n","sortOrder":98},{"sectionNumber":"84B","sectionType":"section","heading":"Conduct of hearing","content":"84B Conduct of hearing\n(1) At a hearing into a charge of breach of discipline by a member:\n(a) the member may be represented by a friend, a colleague, a\nlegal practitioner or a member of the Police Association to\nwhich the member belongs;\n(b) the hearing may proceed in the absence of the member where\nthe member fails to attend and it is proved to the satisfaction\nof the member or members conducting the hearing that a\nnotice under this Part was served on the member;\n(c) the standard of proof to be applied in relation to the hearing is\nthe civil standard of proof, on the balance of probabilities;\n(d) subject to this section, the hearing shall be at the discretion of\nthe prescribed member or members conducting it and shall be\nconducted with as little formality and technicality as possible,\ngiven the need to properly and equitably consider the matters\nbefore the prescribed member or members;\n(e) the prescribed member or members conducting the hearing is\nor are not bound by the rules of evidence but the prescribed\nmember is or members are bound by the rules of natural\njustice; and\n(f) the prescribed member or members conducting the hearing\nshall ensure that the hearing is electronically recorded.\n(2) Where a member is represented by a legal practitioner at a hearing\nunder this section, the prescribed member or members conducting\nthe hearing may be assisted at the hearing by a legal practitioner.\n(3) Representation or assistance provided by a legal practitioner under\nthis section shall be as determined by the prescribed member or\nmembers conducting the hearing.\n","sortOrder":99},{"sectionNumber":"84C","sectionType":"section","heading":"Action that may be taken after hearing","content":"84C Action that may be taken after hearing\n(1) As soon as practicable after completing a hearing referred to in\nsection 84B, the prescribed member or members conducting the\nhearing, if of the opinion that the member committed the breach of\ndiscipline:\n(a) may take such action in relation to, or impose such fine on, the\nmember permitted by the Regulations as the prescribed\nmember or members think fit; or\n\nPolice Administration Act 1978 45\n(b) shall, if not permitted by the Regulations to take the action or\nimpose the fine the prescribed member or members considers\nappropriate, in writing, report the opinion indicating the\nreasons for it and recommending a course of action the\nCommissioner or prescribed member might consider taking in\nthe matter.\n(2) A report under subsection (1)(b) shall be delivered to:\n(a) the Commissioner or the prescribed member who made the\nappointment or appointments under section 84A(1); or\n(b) a prescribed member who is permitted by the Regulations to\ntake the action or impose the fine recommended in the report.\n","sortOrder":100},{"sectionNumber":"84D","sectionType":"section","heading":"Order of Commissioner or prescribed member","content":"84D Order of Commissioner or prescribed member\nThe Commissioner or prescribed member, on receiving a report\nprepared under section 84C(1)(b), may take no further action on the\nmatter or (in the case of a prescribed member, to the extent that the\nRegulations so permit):\n(a) counsel and caution the member;\n(b) cause the member to be formally cautioned in writing;\n(c) take no further action on the basis that the member be of good\nbehaviour for a period, not exceeding 12 months, fixed by the\nCommissioner or prescribed member;\n(d) impose on the member a fine not exceeding $2,000;\n(e) reduce the member to a rank below the rank which the\nmember held at the date of the hearing;\n(f) reduce the rate of salary of the member to a rate of salary\nwithin the limits of the salary fixed for the rank held by the\n(g) transfer the member:\n(i) from the position held by the member in the Police Force\nto another position in the Police Force; and/or\n(ii) from the locality in the Territory where the member is\nstationed to another locality in the Territory;\n(h) suspend the member from the Police Force, for a period not\nexceeding 3 months, subject to such conditions as the\nCommissioner specifies;\n\nPolice Administration Act 1978 46\n(j) order the member to pay, by way of costs, compensation or\nrestitution, such amount as the Commissioner or prescribed\nmember considers appropriate to the matter; or\n(k) dismiss the member from the Police Force,\nor do any one or more of those things, to have effect either\n","sortOrder":101},{"sectionNumber":"84E","sectionType":"section","heading":"Review of actions taken or fines imposed","content":"84E Review of actions taken or fines imposed\n(1) Where under this Part a prescribed member takes action or\nimposes a fine on a member, the member may, within 7 days of\nbeing advised of the action or fine, apply in writing to the\nCommanding Officer of the Police Command in which the member\nwas employed at the time the breach was committed to have the\nmatter reviewed.\n(2) As soon as practicable after receiving an application under\nsubsection (1), the Commanding Officer shall arrange for a\nprescribed member holding a rank higher than that of the\nprescribed member taking the action or imposing the fine to review\nthe matter.\n(3) Subject to the Regulations and the directions, if any, of the\nCommanding Officer, a prescribed member required under\nsubsection (2) to review a matter may review it in such manner as\nthe prescribed member thinks fit and, in substitution for the action\ntaken or fine imposed by the other prescribed member, take such\naction or impose such fine as he thinks fit and which could have\nbeen taken or imposed by the other prescribed member.\n(4) Nothing in this section prevents a member from appealing under\nPart VI against an action taken or fine imposed under\nsubsection (3) or section 81(2)(d)(ii).\n","sortOrder":102},{"sectionNumber":"84F","sectionType":"section","heading":"Notices","content":"84F Notices\n(1) A notice:\n(a) under section 79 shall contain:\n(i) details of the action or omission constituting the breach\nof discipline; and\n(ii) a statement that a written response is required from the\nmember within 7 days of receipt of the notice; or\n\nPolice Administration Act 1978 47\n(b) under section 84A shall contain details of the charge of the\nbreach of discipline and the date, time and place of the\nhearing.\n(2) A notice under section 79 or 84A shall be served on a member:\n(a) by delivering it to the member personally; or\n(b) by posting it to the member at the member's last-known place\nof residence.\n","sortOrder":103},{"sectionNumber":"84G","sectionType":"section","heading":"Payment of salary during suspension","content":"84G Payment of salary during suspension\nA member who is suspended under section 76A or 80 shall, unless\nthe Commissioner otherwise directs, be paid salary during the\nperiod of the suspension.\n","sortOrder":104},{"sectionNumber":"84H","sectionType":"section","heading":"Payment and leave when no disciplinary action taken or appeal","content":"84H Payment and leave when no disciplinary action taken or appeal\nallowed\nWhere a member is, under section 80:\n(a) suspended and the member's suspension is without salary; or\n(b) directed to take leave which has accrued to the member,\nand subsequently no action under this Part is taken (or, as a result\nof an appeal under Part VI, no such action is allowed) in relation to\nthe alleged breach of discipline:\n(c) the member is to be paid, in respect of the period of the\nsuspension, the salary to which the member would have been\nentitled had the suspension not been imposed; or\n(d) have the member's leave re-instated,\nas the case may be.\n","sortOrder":105},{"sectionNumber":"84J","sectionType":"section","heading":"Payment of fines and amount of money","content":"84J Payment of fines and amount of money\n(1) A fine imposed under this Part is a debt due and payable to the\nTerritory by the member on whom it is imposed.\n(2) An order to pay an amount by way of costs, compensation or\nrestitution under this Part is a debt due and payable to the person in\nrespect of whom the order is made by the member against whom\nthe order is made.\n\nPolice Administration Act 1978 48\n","sortOrder":106},{"sectionNumber":"87","sectionType":"section","heading":"Inability of member to discharge duties","content":"87 Inability of member to discharge duties\nWhere the Commissioner is of the opinion, on reasonable grounds,\nthat a member:\n(a) is not fit to discharge, suited to perform or capable of\nefficiently performing, the duties the member is employed to\nperform;\n(b) because of circumstances beyond the member's control, is not\nperforming those duties efficiently or satisfactorily; or\n(c) is not qualified for the efficient and satisfactory performance of\nthose duties,\nthe Commissioner shall, by notice in writing, advise the member of\nthe Commissioner's opinion and the grounds on which the\nCommissioner has formed the opinion, and invite the member,\nwithin 14 days, to indicate in writing whether the member agrees\nwith the Commissioner's opinion or to explain in writing any matter\nreferred to in the notice.\n","sortOrder":107},{"sectionNumber":"88","sectionType":"section","heading":"Review of grounds","content":"88 Review of grounds\n(1) As soon as practicable after the expiration of the 14 days referred\nto in section 87, the Commissioner shall, if not satisfied with the\nmember's explanation, if any, arrange for a review to be carried out\nby one or more members to determine whether the Commissioner's\nopinion is well founded and shall, in writing, advise the member\naccordingly.\n(2) In the course of a review referred to in subsection (1), if the\nmember or members carrying out the review is or are of the opinion\nthat it is relevant to the review for the member to be so examined,\nthe member or members may direct the member to submit to an\nexamination by one or more health practitioners as the member or\nmembers carrying out the review think fit.\n(3) Where a member has been directed under subsection (2) to submit\nexamination by a health practitioner, of the member's own choice\nand submit the report of that examination to the member or\nmembers carrying out the review, who shall take the report into\naccount.\n(4) Where a member refuses to comply with a direction under\nsubsection (2), the member or members carrying out the review\nshall notify the Commissioner of the refusal and the Commissioner,\n\nPolice Administration Act 1978 49\non receiving the notification, shall take such action under this Act\n(other than dismissing the member) as the Commissioner thinks fit.\n(5) The member or members carrying out the review shall, in writing,\nadvise the Commissioner and the member of their findings as a\nresult of the review.\n","sortOrder":108},{"sectionNumber":"89","sectionType":"section","heading":"Action following review","content":"89 Action following review\nIf a member on whom a notice under section 87 is served indicates\nthat the member agrees with the Commissioner's assessment or,\nas a consequence of a review referred to in section 88(1), the\nCommissioner remains of the opinion on the same or different\ngrounds revealed by the review, the Commissioner may take no\naction or:\n(a) direct the member to take any leave that has accrued to the\nmember under this Act;\n(b) stand the member down from the Police Force, on full salary\non compassionate grounds, for a period not exceeding\n3 months;\n(c) transfer the member to other duties, including duties (and at a\nrate of salary) of a lower rank; or\n(d) advise the member, in writing, that the Commissioner intends\nto retire the member from the Police Force.\n","sortOrder":109},{"sectionNumber":"90","sectionType":"section","heading":"Stand-down during review under section 88","content":"90 Stand-down during review under section 88\n(1) At any time after a notice under section 87 has been served on a\nmember the Commissioner may, if of the opinion that it is desirable\nto do so:\n(a) stand the member down from the Police Force for a period not\nexceeding 3 months;\n(b) direct the member to take any leave that has accrued to the\nmember under this Act; or\n(c) transfer the member to perform other duties, including duties\n(and at a rate of salary) of a lower rank,\npending the explanation of the member under section 87, the\noutcome of the review under section 88, the expiration of the period\nin which an appeal can be made, or where such an appeal is made,\nthe final determination of the appeal,\n\nPolice Administration Act 1978 50\n(d) or do any one or more of those things, to have effect either\n(2) Except as provided in this section, a decision of the Commissioner\nis final and is not capable of being reviewed in a court.\n(3) The Commissioner may, from time to time, extend a period during\nwhich a member is stood down under subsection (1) for such\nperiods, each not exceeding 3 months, as the Commissioner thinks\nfit.\n(4) A member who is stood down under subsection (1) shall, unless the\nMinister otherwise directs, be paid salary during the period during\nwhich the member is stood down.\n(5) Where a member appeals against the intention of the\nCommissioner to retire the member as referred to in section 89(d)\nand the appeal is allowed, the standing down of the member under\nthis section terminates on the date on which the appeal is allowed.\n(6) The standing down of a member under this section, unless it is\nsooner terminated, terminates on action being taken by the\nCommissioner under section 89(c) or (d).\n(7) If for any reason other than retirement as referred to in\nsection 89(d) a period during which a member is stood down under\nthis section without salary comes to an end, the member shall be\npaid, in respect of that period, the salary to which the member\nwould have been entitled had he not been stood down.\n(8) Unless the Commissioner otherwise directs, a period during which\na member is stood down under this section, other than a period that\nis terminated by or under this section, shall not be taken into\naccount as service in calculating the person's sickness, recreation\nor long service leave entitlements as a member.\n","sortOrder":110},{"sectionNumber":"91","sectionType":"section","heading":"Medical incapacity","content":"91 Medical incapacity\n(1) A member shall be taken to be totally and permanently\nincapacitated for the purposes of this section if, because of a\nphysical or mental condition, it is unlikely that the member will ever\nbe able to work in any employment or hold any office for which the\nmember is reasonably qualified by education, training or experience\nor could become reasonably qualified after retraining.\n(2) Where the Commissioner or a prescribed member is of the opinion,\non reasonable grounds, that a member or a member of a rank\nbelow that of the prescribed member is unable to efficiently or\nsatisfactorily perform the member's duties because of a physical or\nmental condition, the Commissioner or prescribed member may\n\nPolice Administration Act 1978 51\ndirect the member to submit to an examination by one or more\nhealth practitioners as the Commissioner or prescribed member, as\nthe case may be, thinks fit.\n(3) Where a member has been directed under subsection (2) to submit\nexamination by a health practitioner, of the member's own choice\nand submit the report of that examination to the Commissioner or\nprescribed member, as the case may be, who shall take the report\ninto account.\n(4) After considering the results of the examination or examinations\nunder subsection (2) or (3) and all other relevant information\navailable to the Commissioner or prescribed member, as the case\nmay be:\n(a) the Commissioner may determine whether the member is\ntotally and permanently incapacitated; or\n(b) the prescribed member shall report the findings of the\nexamination to the Commissioner who may then so determine.\n(5) Where the Commissioner determines, or, following a report under\nsubsection (4)(b), determines, that a member is totally and\npermanently incapacitated, the Commissioner may, after\nconsidering the provisions of any superannuation legislation\napplying to the member, retire the member from the Police Force\non the grounds of invalidity or take such action under this Part as\nthe Commissioner thinks appropriate.\n(6) Where the Commissioner, after considering the results of the\nreview and examinations under subsection (2) or (3) and all other\ninformation available to him (including a report under\nsubsection (4)(b)) does not determine that the member is totally\nand permanently incapacitated but assesses the member to be\nunable to perform the member's duties efficiently or satisfactorily\nbecause of a physical or mental condition, the Commissioner shall\ntake whatever steps he considers reasonable and practicable to\nfacilitate the member resuming those duties or take such other\naction under this Part as the Commissioner thinks appropriate.\n\nPolice Administration Act 1978 52\n","sortOrder":111},{"sectionNumber":"92","sectionType":"section","heading":"Promotion appeals","content":"92 Promotion appeals\n(1) Subject to this section, an appeal may be made by a person\nmentioned in subsection (1A) if the Commissioner:\n(a) promotes, under section 16(1)(b) or (3), a member to the rank\nof Senior Sergeant or a rank below that rank; or\n(b) makes an appointment contrary to section 18(5); or\n(c) refuses, under section 166AA(3), to promote or transfer a\nmember.\n(1A) The appeal may be made by:\n(a) in the case of a promotion – a member who is qualified, and\nwho applied, for promotion to the rank to which the promotion\nwas made; or\n(b) in the case of an appointment – a Police Cadet who was, at\nthe time of the appointment, qualified for promotion to the rank\nof Constable and who is still so qualified; or\n(c) in the case of a refusal – the member whose promotion or\ntransfer was refused.\n(1B) The appeal must be made, in the manner and form prescribed by\nregulation, to a Promotions Appeal Board.\n(2) The appeal must be lodged within 14 days, or a longer period as\nthe Commissioner in a particular case allows, after:\n(a) for an appeal against a promotion or appointment – notice is\ngiven in the Police Gazette of the promotion or appointment;\nor\n(b) for an appeal against a refusal – written notice of the refusal is\ngiven to the member.\n(3) The only ground on which an appeal may be made under\nsubsection (1)(a) is that the appellant has superior merit to the\nmember promoted.\n(4) Subject to subsection (5), the procedures in and in relation to an\nappeal under this section (including the power to compel the\nattendance of witnesses and the giving of evidence), are as\n\nPolice Administration Act 1978 53\nprescribed or, where there is no procedure prescribed in relation to\na particular matter, are in the discretion of the Appeal Board.\n(5) Neither the Commissioner nor an appellant may be represented by\na legal practitioner at the hearing of an appeal under this section.\n","sortOrder":112},{"sectionNumber":"93","sectionType":"section","heading":"Promotions Appeal Boards","content":"93 Promotions Appeal Boards\n(1) For the purposes of section 92, the Commissioner shall, from time\nto time, establish such number of Promotions Appeal Boards as are\nrequired to expeditiously deal with appeals under that section.\n(2) A Promotions Appeal Board shall be constituted by the following\npersons appointed by the Commissioner:\n(a) a Chairman, who shall be appointed from a panel approved for\nthat purpose by the Minister on the advice of the\nCommissioner given after consultation by the Commissioner\nwith the Police Association;\n(b) a person nominated by the Police Association; and\n(c) one other person who shall be appointed from a panel\napproved for that purpose by the Minister on the advice of the\n(3) A Promotions Appeal Board may:\n(a) strike out an appeal that it considers vexatious or frivolous;\nand\n(b) in any case, award costs in respect of an appeal.\n(4) In determining an appeal, a Promotions Appeal Board may:\n(a) disallow the appeal;\n(b) allow the appeal and direct the Commissioner to promote the\nappellant; or\n(c) direct the Commissioner to re-advertise the vacancy.\n(5) Where the Commissioner is directed under subsection (4)(b) to\npromote an appellant but the appellant is unwilling to accept the\npromotion, the Commissioner may refer the matter back to the\nAppeal Board for directions (and the Appeal Board has jurisdiction\nto give such directions) or re-advertise the vacancy.\n\nPolice Administration Act 1978 54\n(6) The Chairman and members of a Promotions Appeal Board hold\noffice:\n(a) for 3 years; and\n(b) subject to the terms and conditions determined by the\nMinister.\n","sortOrder":113},{"sectionNumber":"94","sectionType":"section","heading":"Inability or disciplinary appeals","content":"94 Inability or disciplinary appeals\n(1) A member aggrieved by:\n(a) the action of the Commissioner under section 78;or\n(b) the action under section 84E(3) by a member; or\n(c) the action under section 81(2)(d) or 84D by the Commissioner\nor a prescribed member; or\n(ca) a direction of the Commissioner under section 84G that the\nmember not be paid salary during the period of the member's\nsuspension under section 76A or 80; or\n(d) a direction, action or intention under section 89 by or of the\nCommissioner; or\n(e) a decision or opinion as a result of which such an action was\ntaken, direction given or intention made,\nmay, within 14 days after being notified of the action, direction or\nintention (or, in a case referred to in paragraph (b), within 14 days\nafter being notified of the action taken as a result of a review under\nsection 84E(3)), and in the prescribed manner and form:\n(f) in the case of an action referred to in paragraph (a), (b), (c) or\na decision or opinion relating to such action – appeal to a\nDisciplinary Appeal Board against the action; or\n(fa) in the case of a direction referred to in paragraph (ca) –\nappeal to a Disciplinary Appeal Board against the direction; or\n(g) in the case of a direction, action or intention referred to in\nparagraph (d) or a decision or opinion relating to such\ndirection, action or intention – appeal to an Inability Appeal\nBoard against the direction, action or intention.\n\nPolice Administration Act 1978 55\n(2) For the purposes of this section, an Appeal Board shall be\nconstituted by the following persons appointed by the\nCommissioner:\n(a) a Chairman, who shall be appointed from a panel approved for\nthat purpose by the Minister on the advice of the\nCommissioner given after consultation by the Commissioner\nwith the Police Association;\n(b) a person nominated by the Police Association; and\n(c) one other person, who shall be from a panel approved for that\npurpose by the Minister on the advice of the Commissioner.\n(3) Nothing in this Act prevents more than one Disciplinary or Inability\nAppeal Board (to deal with different matters under this Part) being\nin existence at the one time.\n(4) The Chairman and members of a Disciplinary or Inability Appeal\nBoard hold office:\n(a) for 3 years; and\n(b) subject to the terms and conditions determined by the\nMinister.\n(5) The person appointed to be Chairman must:\n(a) be a lawyer who has been admitted to the legal profession for\nat least 5 years; or\n(b) have other qualifications or experience which, in the opinion of\nthe Minister, are suitable for the office of Chairman.\n(6) In determining an appeal, a Disciplinary or Inability Appeal Board\nmay:\n(a) disallow the appeal; or\n(b) allow the appeal in whole or in part and direct the\nCommissioner or member to take such action under\nsections 78, 81(2)(d), 81(3), 83 or 89 as the Appeal Board\nconsiders necessary.\n(7) In this section, for the purpose of enabling an appeal under\nsubsection (1) against the dismissal of a member from the Police\nForce to be made, member includes a former member.\n\nPolice Administration Act 1978 56\n","sortOrder":114},{"sectionNumber":"95","sectionType":"section","heading":"Procedural matters","content":"95 Procedural matters\n(1) This section applies only to and in relation to appeals under\nsection 94.\n(2) Subject to subsection (3), an appeal shall be by way of a review of\nthe material taken into account by the Commissioner or prescribed\nmember against whose direction, action, intention, decision or\nopinion the appeal is lodged.\n(3) Where a party to an appeal considers that there was additional\nmaterial that was not available to the Commissioner or prescribed\nmember before he took the action or formed the intention, the party\nmay, in the prescribed manner and form, apply to the Appeal Board\nto admit that material and, in its discretion, to deal with the appeal\nas a hearing de novo.\n(4) For the purpose of determining whether to admit the material or to\ndeclare the appeal a hearing de novo, the Appeal Board may\nconduct a preliminary hearing.\n(5) The decision of the Appeal Board on an application under\nsubsection (3) is capable of being reviewed by a court.\n(6) The procedure for an appeal or a preliminary hearing is, subject to\nthis section and the Regulations, within the discretion of the Appeal\nBoard.\n(7) An appeal under this Part shall be conducted with as little formality\nand technicality, and with as much expedition, as the requirements\nof this Part and a proper consideration of the matter permit.\n(8) If an Appeal Board thinks fit, an appeal may be determined without\nan oral hearing.\n(9) Where an Appeal Board conducts an appeal by holding an oral\nhearing, it shall give reasonable notice to the appellant, the\nCommissioner and any other person who is joined as a party to the\nappeal of the date, time and place at which the oral hearing is to\noccur.\n(10) An appeal shall not be heard in public unless either party to the\nappeal so requests and the Appeal Board agrees.\n(11) Where an Appeal Board conducts an appeal by holding an oral\nhearing, each party is entitled to appear and to tender a written\nsummary of the submissions made at the oral hearing.\n(12) Where an Appeal Board conducts an appeal without holding an oral\nhearing, each party is entitled to tender written submissions.\n\nPolice Administration Act 1978 57\n(13) An Appeal Board, when conducting an appeal as a hearing\nde novo, may admit evidence at the appeal notwithstanding that the\nevidence would not be admissible in a court.\n(14) An Appeal Board, when conducting an appeal as a hearing\nde novo, may:\n(a) summon a person whose evidence appears to be material to\nthe appeal; and\n(b) require a person appearing before it to give evidence on oath;\nand\n(c) require a person to produce documents or records in the\nperson's possession or under the person's control which\nappear to be material to the appeal.\n(15) A person who, without reasonable excuse (and to whom, where the\nperson is not a member, payment or tender of reasonable\nexpenses has been made), neglects or fails to attend in obedience\nto a summons under subsection (14) or to take an oath, to answer\nrelevant questions or to produce relevant documents when required\nto do so under that subsection, is guilty of an offence.\nMaximum penalty: 40 penalty units.\n(16) An Appeal Board may:\n(a) strike out an appeal that it considers vexatious or frivolous;\nand\n(b) in any case, award costs both in respect of a preliminary\nhearing and the appeal.\n(17) An Appeal Board shall give its decisions in writing, shall cause\ncopies of decisions to be served on each of the parties and shall, if\na party within 14 days after the copy of the relevant decision is\nserved on him so requests, provide the party with written reasons\nfor the decision.\n","sortOrder":115},{"sectionNumber":"96","sectionType":"section","heading":"Person to answer questions","content":"96 Person to answer questions\nA person is not excused from answering a question when required\nto do so under this Part on the ground that the answer to the\nquestion might tend to incriminate the person or make the person\nliable to a penalty, but the answer to any such question is not\nadmissible in evidence against the person in any other proceedings\nagainst the person under this Act or in criminal proceedings against\n\nPolice Administration Act 1978 58\nthe person in a court.\n","sortOrder":116},{"sectionNumber":"97","sectionType":"section","heading":"Staff of Appeal Boards","content":"97 Staff of Appeal Boards\n(1) There shall be a Registrar of Appeal Boards who shall be appointed\nby the Minister.\n(2) The Registrar shall perform such duties and functions as are\nprovided by or under this Act and such other duties and functions\nas a Chairman of an Appeal Board directs.\n(3) The Registrar, and the staff necessary to assist the Registrar, shall\nbe persons appointed or employed under this Act or the Public\nSector Employment and Management Act 1993.\n","sortOrder":117},{"sectionNumber":"98","sectionType":"section","heading":"Serving member on Appeal Board to be considered on duty","content":"98 Serving member on Appeal Board to be considered on duty\nA member who attends or travels to or from a meeting of an Appeal\nBoard in the member's capacity as a member of the Appeal Board\nshall be regarded as performing the functions and duties of his\noffice as a member of the Police Force during that period.\n","sortOrder":118},{"sectionNumber":"99","sectionType":"section","heading":"Disclosure of interests","content":"99 Disclosure of interests\nWhere a matter comes before an Appeal Board in which a member\nof the Appeal Board is directly concerned, the member shall notify\nhis interest to the Minister and shall temporarily cease to act, and\nthe Minister shall, in the prescribed manner, appoint a temporary\nsubstitute member of the Appeal Board.\n","sortOrder":119},{"sectionNumber":"100","sectionType":"section","heading":"Communication of Appeal Board matters","content":"100 Communication of Appeal Board matters\nA member of an Appeal Board shall not communicate information\nwhich he has received in the performance of the member's duties in\nconnection with the exercise of the powers or the performance of\nthe functions of the Appeal Board to a person other than a member\nof the Appeal Board or to a person to whom the Appeal Board has\nauthorised the member to communicate the information.\nMaximum penalty: 17 penalty units.\n","sortOrder":120},{"sectionNumber":"101","sectionType":"section","heading":"Protection of members, parties and witnesses","content":"101 Protection of members, parties and witnesses\n(1) A member of an Appeal Board has, in the performance of the\nmember's duty as a member, the same protection as a Supreme\nCourt Judge.\n(2) A legal practitioner or other person appearing before an Appeal\nBoard has the same protection and immunity as a legal practitioner\nhas in appearing for a party in proceedings in the Supreme Court.\n\nPolice Administration Act 1978 59\n(3) Subject to this Act, a person summoned to attend or a person\nappearing before an Appeal Board as a witness has the same\nprotection, and is, in addition to the penalties provided by this Act,\nsubject to the same liabilities, in any civil or criminal proceedings,\nas a witness in proceedings in the Supreme Court.\n","sortOrder":121},{"sectionNumber":"102","sectionType":"section","heading":"Object of Part","content":"102 Object of Part\n(1) The object of this Part is to ensure that training in the Police Force\nabout dangerous drugs is realistic and effective.\n(2) The object is to be achieved by putting in place arrangements:\n(a) to allow members of the Police Force to have access to\ndangerous drugs for training; and\n(b) to ensure those dangerous drugs:\n(i) are carefully handled to ensure their effectiveness for\ntraining is not compromised; and\n(ii) are subject to strict tracking and accountability\nrequirements.\n","sortOrder":122},{"sectionNumber":"103","sectionType":"section","heading":"Definitions","content":"103 Definitions\nIn this Part:\nagency arrangement, see section 104.\ndisposal, of a batch of a dangerous drug used for training,\nincludes:\n(a) the destruction of the batch; and\n(b) the return of the batch to a relevant agency under an agency\narrangement.\ndrug control officer, see section 106.\ndrug training direction, see section 105.\n\nPolice Administration Act 1978 60\ndrug vault means a facility that is:\n(a) suitable for the storage of dangerous drugs in the possession\nof the Police Force for training under the authority of a drug\ntraining direction; and\n(b) secure against unauthorised entry.\nregister means the register of dangerous drugs used for training\nkept under section 109.\nrelevant agency means a department or other agency of the\nCommonwealth, a State or a Territory.\nsenior member means a member of or above the rank of Assistant\ntraining means training in the Police Force about dangerous drugs.\n","sortOrder":123},{"sectionNumber":"104","sectionType":"section","heading":"Agency arrangement","content":"104 Agency arrangement\n(1) An agency arrangement is an arrangement, or a series of\narrangements, between the Commissioner and the chief executive\nofficer (by whatever name known) of a relevant agency providing\nfor the following:\n(a) the transfer of possession of a batch of a dangerous drug from\nthe possession of the relevant agency into the possession of\nthe Police Force;\n(b) that the batch of the dangerous drug is to be used for training\nin the Police Force;\n(c) the type and extent of the training for which the batch of the\ndangerous drug is to be used;\n(d) what is to be done with the batch of the dangerous drug at the\nend of the training;\n(e) anything else the parties to the arrangement consider\nappropriate.\nExample for subsection (1)\nA series of arrangements could consist of a first arrangement establishing basic\nprinciples to govern the supply by the relevant agency to the Police Force of\ndangerous drugs to be used for training, a second arrangement establishing\nparticular procedures to be followed for transferring particular types of dangerous\ndrugs between the relevant agency and the Police Force, and a third\narrangement providing for special circumstances applying to a batch of one of the\n\nPolice Administration Act 1978 61\nparticular types of dangerous drugs mentioned in the second arrangement.\n(2) The Commissioner may enter into an agency arrangement only if\nthe relevant agency is authorised to possess the batch of the\ndangerous drug the subject of the arrangement.\n(3) The Commissioner must ensure the Police Force complies with an\nagency arrangement.\n","sortOrder":124},{"sectionNumber":"105","sectionType":"section","heading":"Drug training direction","content":"105 Drug training direction\n(1) A drug training direction is a direction given by a senior member:\n(a) authorising:\n(i) the keeping of a batch of a dangerous drug; and\n(ii) the use of the batch in training; and\n(iii) the disposal of the batch at the end of the training; and\n(b) stating the conditions under which the keeping, use and\ndisposal of the batch of the dangerous drug is authorised.\n(2) A senior member may give a drug training direction for a batch of a\ndangerous drug only if the batch:\n(a) is in the possession of the Police Force:\n(i) having been forfeited, or ordered to be forfeited, to the\nTerritory under an Act; or\n(ii) having been ordered under an Act to be disposed of or\ndestroyed; or\n(b) comes into the possession of the Police Force under an\nagency arrangement.\n(3) The conditions stated in a drug training direction must include the\n(a) the batch must be used only for the training purposes\nspecified in the condition;\n(b) the training for which the batch is used must be of the type\nand extent specified in the condition;\n\nPolice Administration Act 1978 62\n(c) if at any time the batch or part of the batch is not being stored\nin a drug vault, it must:\n(i) be under the effective control of a drug control officer or\none or more of the members specified in the condition;\nor\n(ii) be kept securely in a way specified in the condition;\n(d) as soon as practicable after the end of the training, the\ndisposal of the batch must be as specified in the condition.\nExample of training purpose for subsection (3)(a)\nTraining police dogs to detect the odour of dangerous drugs.\n(4) Subsection (3) does not limit the conditions that may be included in\na drug training direction.\n(5) A senior member who gives a drug training direction must ensure\nthat members of the Police Force comply with the conditions stated\nin the direction.\n","sortOrder":125},{"sectionNumber":"106","sectionType":"section","heading":"Drug control officer","content":"106 Drug control officer\n(1) A drug control officer is a member of the Police Force of or above\nthe rank of Superintendent who is authorised in writing by the\nCommissioner to perform the functions of administering and\ncontrolling the following:\n(a) the receipt into the possession of the Police Force of batches\nof dangerous drugs to be used for training;\n(b) the storage of the batches;\n(c) the movement of the batches, or parts of the batches, in and\nout of storage for use in training;\n(d) the disposal of the batches.\n(2) A drug control officer must perform the functions of the position in\naccordance with this Part and any conditions included in the\nauthorisation given under subsection (1).\n(3) A drug control officer has power to do all things necessary to be\ndone for the performance of the functions of the position.\n\nPolice Administration Act 1978 63\n","sortOrder":126},{"sectionNumber":"107","sectionType":"section","heading":"When dangerous drugs may be kept for training","content":"107 When dangerous drugs may be kept for training\nA batch of a dangerous drug may lawfully be kept in the possession\nof the Police Force and used for training if:\n(a) the keeping of the batch and its use for training is authorised\nunder a drug training direction; and\n(b) the batch is kept and used for training in accordance with the\nconditions included in the drug training direction.\n","sortOrder":127},{"sectionNumber":"108","sectionType":"section","heading":"Requirements for keeping dangerous drugs for training","content":"108 Requirements for keeping dangerous drugs for training\n(1) The following requirements apply in relation to the possession by\nthe Police Force of dangerous drugs for training:\n(a) each batch of a dangerous drug must be stored in a drug\nvault;\n(b) when a batch of a dangerous drug is received into a drug vault\nfor storage for the first time, it must be accompanied by a\ndocument certifying, in a way approved by the Commissioner,\nthe weight and purity of the batch;\n(c) a drug vault must not be used for storing a dangerous drug\nthat is in the possession of the Police Force other than for\ntraining;\n(d) a drug vault must be designed and constructed for ensuring\n(to the greatest practicable extent) that each batch of a\ndangerous drug stored in it keeps its level of effectiveness for\ntraining;\n(e) a drug vault must include enough separate storage to ensure\nthat no batch of a dangerous drug stored in the vault can be\ncontaminated by another batch or can otherwise be made\nineffective or less effective for training;\n(f) the whole of a batch of a dangerous drug must be stored in a\ndrug vault at all times, except to the extent the batch or a part\nof the batch is required to be held somewhere else for training;\n(g) an audit of each drug vault must be conducted at least once\nevery 3 months by a member of the Police Force who:\n(i) is of or above the rank of Commander; and\n\nPolice Administration Act 1978 64\n(ii) is not otherwise directly associated with the keeping or\nuse of dangerous drugs for training;\n(h) when a batch of a dangerous drug leaves a drug vault for the\nlast time:\n(i) it must be accompanied by a document certifying, in a\nway approved by the Commissioner, the weight and\npurity of the batch; and\n(ii) a copy of that certifying document must be kept at the\ndrug vault or at another place the Commissioner directs.\n(2) Without limiting the scope of an audit under subsection (1)(g), the\naudit must include the following measures:\n(a) weighing each batch of dangerous drugs in the drug vault to\nfind out whether all quantities of dangerous drugs that should\nbe in the drug vault at the time of the audit are in the vault;\n(b) finding out whether the drug vault is storing any dangerous\ndrugs, or anything else, that should not be stored in the vault;\n(c) a review of the register.\n(3) Without limiting the requirements for an audit under\nsubsection (1)(g), requirements for the audit include the following:\n(a) the performance of the audit must be supervised by a member\nwho:\n(i) is a senior member; and\n(ii) is not otherwise directly associated with the keeping or\nuse of dangerous drugs for training;\n(b) all batches of dangerous drugs stored in the drug vault must\nbe the subject of analysis by an analyst as defined in the\nMisuse of Drugs Act 1990;\n(c) the accuracy of the scales used in measuring the weights of\nbatches of dangerous drugs stored in the drug vault must be\ncertified in a way approved by the Commissioner.\n","sortOrder":128},{"sectionNumber":"109","sectionType":"section","heading":"Register","content":"109 Register\n(1) The Commissioner must keep a register of dangerous drugs used\nfor training.\n\nPolice Administration Act 1978 65\n(2) The register may form part of another register, whether kept under\nthis or another Act.\n(3) The Commissioner:\n(a) subject to subsection (4), may keep the register in the way the\nCommissioner considers appropriate, including by keeping it\nentirely or partly in electronic form; and\n(b) must ensure the register is kept in a secure place.\n(4) The register must be kept in a way that (to the greatest practicable\nextent) enables a drug control officer, or a member performing a\nlawful function associated with the keeping of dangerous drugs in\nthe possession of the Police Force under this Act (whether or not\nunder this Part), to comply with the requirements of this Act.\n(5) An entry in the register may be made only by a drug control officer\nor a person authorised by the Commissioner to make entries in the\nregister.\n(6) If a senior member gives a direction under section 111 restricting\naccess to information in the register, a drug control officer or person\nauthorised by the Commissioner under subsection (5) must ensure\nthe information is recorded in a way that (to the greatest practicable\nextent) stops disclosure of the information to a person not\nauthorised to have access to it.\n","sortOrder":129},{"sectionNumber":"110","sectionType":"section","heading":"Information to be recorded in register","content":"110 Information to be recorded in register\n(1) The following information must be recorded in the register about\neach batch of a dangerous drug received into the possession of the\nPolice Force to be used for training:\n(a) the name of the dangerous drug;\n(b) a description of the batch;\n(c) the weight, in grams, of the batch;\n(d) a description of any container or packaging, and of any other\nitem, used for conveying the batch into the possession of the\nPolice Force;\n(e) the weight, in grams, of any container or packaging, and any\nother item, used for conveying the batch into the possession\nof the Police Force;\n(f) when the batch was received into the possession of the Police\nForce;\n\nPolice Administration Act 1978 66\n(g) the purity of the batch and details of the certification of the\npurity;\n(h) a description of the circumstances in which the batch came\ninto the possession of the Police Force.\n(2) The following information must be recorded in the register if all or\npart of a batch of dangerous drugs (the drugs) is taken from a drug\nvault to be used for training:\n(a) when the drugs leave the vault;\n(b) the nature of the training for which the drugs are to be used;\n(c) the condition of any container or packaging in which the drugs\nleave the vault;\n(d) the weight, in grams, of the drugs when they leave the vault;\n(e) the condition of any container or packaging in which the drugs\nare returned to the vault;\n(f) the weight, in grams, of the drugs when they are returned to\nthe vault.\n(3) The following information must be recorded in the register when a\nbatch of dangerous drugs leaves a drug vault for the last time for\ndisposal in accordance with a drug training direction:\n(a) the weight, in grams, of the batch when it leaves the vault;\n(b) the weight, in grams, of any container or packaging in which\nthe batch leaves the vault.\n(4) Recording under subsection (1), (2) or (3) must be performed as\nclose as reasonably practicable to the occurrence of the event to\nwhich the recording relates.\n","sortOrder":130},{"sectionNumber":"111","sectionType":"section","heading":"Restriction on access to information in register","content":"111 Restriction on access to information in register\n(1) A senior member may give a direction that only the following\npersons may have access to information recorded in the register:\n(a) a drug control officer who reasonably needs the information\nfor the performance of the officer's functions under this Part;\n(b) a member who reasonably needs the information for\nconducting or supervising an audit of a drug vault under this\nPart;\n\nPolice Administration Act 1978 67\n(c) any other member who is performing a function associated\nwith the keeping of dangerous drugs in the possession of the\nPolice Force under this Act (whether or not under this Part)\nand reasonably needs the information for the performance of\nthe function;\n(d) any other person specified in the direction.\n(2) A direction under subsection (1) must state whether it applies to all\ninformation recorded in the register or only to information of a type\nspecified in the direction.\n(3) A senior member may give a direction under subsection (1), and\nkeep the direction in place, only if the senior member considers it is\nnecessary to do so to ensure:\n(a) the security of a drug vault; or\n(b) the safety of:\n(i) a drug control officer; or\n(ii) another person associated with keeping dangerous\ndrugs in the possession of the Police Force for training;\nor\n(iii) a person associated with a person mentioned in\nsubparagraph (i) or (ii).\n(4) There must be a written record of the reasons for each direction\ngiven under subsection (1).\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Interpretation","content":"116 Interpretation\n(1) For this Part:\n(a) anything with respect to which an offence has been committed\nor is believed on reasonable grounds to have been committed;\n(b) anything with respect to which there are reasonable grounds\nfor believing that it will offer evidence of the commission of any\nsuch offence; or\n\nPolice Administration Act 1978 68\n(c) anything with respect to which there are reasonable grounds\nfor believing that it is intended to be used for the purposes of\ncommitting any such offence,\nshall be taken to be a thing connected with or relating to an offence,\nand includes anything that has been unlawfully obtained in\nconnection with or relating to an offence.\n(2) In this Part:\naircraft includes any machine that can derive support in the\natmosphere from the reactions of the air.\nammunition, see the Firearms Act 1997.\nat, a place, includes in or on the place.\nexplosive includes the following:\n(a) a substance or compound that is, itself, or in combination with\nanother substance or compound, by the application of a\nsuitable stimulus to a small portion of its mass, capable of:\n(i) being converted almost instantaneously into another\nsubstance, largely or entirely gaseous; and\n(ii) creating an explosion;\n(b) a device made or adapted to enable it to be used in\ncombination with a substance or compound mentioned in\nparagraph (a) to create an explosion;\n(c) anything prescribed by regulation to be an explosive.\noffence means an offence against a law of the Territory or an Act\nof the Commonwealth.\nplace includes:\n(a) vacant land;\n(b) premises; and\n(c) an aircraft, ship, train or vehicle.\npremises includes:\n(a) a building or structure;\n(b) a part of a building or structure; and\n\nPolice Administration Act 1978 69\n(c) land on which a building or structure is situated.\nrestricted weapon means:\n(a) a firearm; or\n(b) a controlled weapon, an offensive weapon or a prohibited\nweapon, each as defined in section 3 of the Weapons Control\nship means a vessel or boat of any description, and includes a\nfloating structure and a hovercraft or similar craft, but does not\ninclude a ship under the control of the Australian Defence Force or\nthe defence force of a foreign country.\nvehicle means any vehicle propelled by internal combustion,\nsteam, gas, oil, electricity or any other power and used or intended\nfor use or adapted or capable of being adapted for use on roads,\nwhether or not it is in a fit state for such use, and includes any\ntrailer or caravan intended or adapted or capable of being adapted\nfor use as an attachment to such a vehicle, any chassis or body,\nwith or without wheels, appearing to form or to have formed part of\nsuch a vehicle, trailer or caravan and anything attached to such a\nvehicle, trailer or caravan.\n(7) In this Part, a reference to an information, unless the contrary\nintention appears, includes a complaint, and informant includes a\ncomplainant.\n(8) For this Part, a person is deemed to have made an application to a\ncourt, judge or justice of the peace by telephone if the person's\napplication, any submissions concerning the application, and any\ninformation required by the court, judge or justice of the peace in\nconnection with the application are given to the judge or justice\neither wholly or in part, by means of telephone, telex, radio or\nsimilar facilities.\n(9) For the purposes of this Part, a person shall not be taken to have\nbeen charged with an offence unless:\n(a) subject to paragraph (b), particulars of the charge have been\nentered in a Police Station charge book; or\n(b) where it is not practicable to comply with the requirements of\nparagraph (a), a person is held in custody following his arrest\nand has been advised by a member that he will be charged\nwith an offence.\n\nPolice Administration Act 1978 70\n","sortOrder":132},{"sectionNumber":"116A","sectionType":"section","heading":"Definitions","content":"116A Definitions\ndangerous thing means any of the following:\n(a) a dangerous drug;\n(ab) a precursor;\n(b) drug manufacturing equipment as defined in section 120A;\n(d) a restricted weapon;\n(e) ammunition;\n(f) an explosive;\n(g) a thing prescribed by regulation to be a dangerous thing;\n(h) a thing mentioned in paragraphs (c) to (g) in connection with a\ntarget of an authorisation under the Terrorism (Emergency\nPowers) Act 2003.\ndetection, of a dangerous thing, includes the following:\n(a) deploying a detection dog in the vicinity of a person to\nascertain whether the dog can detect the odour of a\ndangerous thing on the person;\n(b) deploying a detection dog in the vicinity of or at a place to\nascertain whether the dog can detect the odour of a\ndangerous thing at the place.\ndetection dog, in relation to the detection of a dangerous thing,\nmeans a police dog trained to detect that dangerous thing.\n","sortOrder":133},{"sectionNumber":"116B","sectionType":"section","heading":"Extended application of Division","content":"116B Extended application of Division\n(1) This Division extends to the use by the Police Force of dogs that:\n(a) are provided to the Police Force by another body (including an\nagency or department of the Commonwealth) to be used\nunder this Division; and\n(b) are under the control of a handler who is not a member of the\n\nPolice Administration Act 1978 71\n(2) If a police dog is under the control of a handler who is not a\nmember of the Police Force:\n(a) the handler is entitled to accompany the member using the\ndog and enter and remain at any place in accordance with\nsection 116D; and\n(b) sections 116E and 116G apply to the handler as if the handler\nwere the member using the dog.\n","sortOrder":134},{"sectionNumber":"116C","sectionType":"section","heading":"Authority to use police dogs and police horses","content":"116C Authority to use police dogs and police horses\n(1) A member of the Police Force is authorised to use a police dog or a\npolice horse to assist the member generally in the exercise of the\nmember's powers or performance of the member's functions.\n(2) A member is authorised to use a detection dog to assist the\nmember in the exercise of the member's powers or performance of\nthe member's functions relating to the detection of a dangerous\nthing.\n(3) A member using a police dog or police horse must comply with this\nDivision and any of the following that relate to the use of police\ndogs or police horses:\n(a) general orders;\n(b) orders, instructions or guidelines published in the Police\n","sortOrder":135},{"sectionNumber":"116D","sectionType":"section","heading":"Authority for entry of police dogs and police horses","content":"116D Authority for entry of police dogs and police horses\n(1) Despite any other law in force in the Territory, if a member of the\nPolice Force uses a police dog or police horse in accordance with\nsection 116C, the dog or horse may accompany the member and\nenter and remain at any place the member may lawfully enter and\nremain.\n(2) To avoid doubt, subsection (1) applies whether the member is\nauthorised to enter the place:\n(a) under a warrant; or\n(b) by an Act, without a warrant.\n","sortOrder":136},{"sectionNumber":"116E","sectionType":"section","heading":"Control of police dogs and police horses","content":"116E Control of police dogs and police horses\n(1) A member of the Police Force using a police dog or police horse is\nrequired to keep the dog or horse under control to the extent that is\nreasonable in the circumstances.\n\nPolice Administration Act 1978 72\n(2) A member using a detection dog to assist in the detection of a\ndangerous thing must take all reasonable precautions to prevent\nthe dog touching a person.\n","sortOrder":137},{"sectionNumber":"116F","sectionType":"section","heading":"Reasonable grounds for search without warrant on indication","content":"116F Reasonable grounds for search without warrant on indication\nof detection dog\n(1) Subsection (2) applies if, before exercising a power under an Act to\nsearch a person or place without a warrant, a member of the Police\nForce is required to form a suspicion on reasonable grounds that:\n(a) the person is carrying or has in the person's possession, or is\nin control of, a dangerous thing; or\n(b) there is something at the place (including in a vehicle at a\npublic place) that may be a dangerous thing.\n(2) There are reasonable grounds for the suspicion if a detection dog\nindicates it has detected the odour of a dangerous thing:\n(a) on the person or on, or in, a thing in the person's immediate\ncontrol; or\n(b) on or in a thing, not in the person's immediate control but\nwhich the member suspects on reasonable grounds is\nconnected with the person, that is at the place where the\ndetection is being carried out; or\n(c) at the place.\n","sortOrder":138},{"sectionNumber":"116G","sectionType":"section","heading":"Protection from liability for use of police dog or police horse","content":"116G Protection from liability for use of police dog or police horse\n(1) A member of the Police Force is not civilly or criminally liable if a\npolice dog or police horse, while being used by the member in good\nfaith in the exercise of a power or performance of a function as a\n(a) comes into physical contact with a person or a person's\nclothing; or\n(b) causes damage to a thing.\nExample of physical contact for subsection (1)(a)\nRestraining, pushing, biting or kicking a person.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act of the dog or horse.\n\nPolice Administration Act 1978 73\n(3) A member of the Police Force or the Territory is not civilly or\ncriminally liable merely because a police dog or police horse\nentered or was at a place.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":139},{"sectionNumber":"116H","sectionType":"section","heading":"Non-application of certain laws","content":"116H Non-application of certain laws\n(1) The following provisions do not apply in relation to a police dog:\n(a) section 75A of the Summary Offences Act 1923;\n(b) Part X of the Law Reform (Miscellaneous Provisions)\nAct 1956.\n(2) Any other law of the Territory relating to dogs or horses does not\napply in relation to police dogs or police horses.\n","sortOrder":140},{"sectionNumber":"116J","sectionType":"section","heading":"Reasonable grounds for search without warrant on indication","content":"116J Reasonable grounds for search without warrant on indication\nof electronic drug detection system\n(1) Subsection (2) applies if, before exercising a power under an Act to\nsearch a person or place without a warrant, a member is required to\nform a suspicion on reasonable grounds that:\n(a) the person is carrying or has in the person's possession, or is\nin control of, a dangerous substance; or\n(b) there is something at the place (including in a vehicle at a\npublic place) that may be a dangerous substance.\n(2) There are reasonable grounds for the suspicion if an electronic drug\ndetection system indicates the presence of a dangerous substance:\n(a) on the person or on, or in, a thing in the person's immediate\ncontrol; or\n(b) on or in a thing, not in the person's immediate control but\nwhich the member suspects on reasonable grounds is\nconnected with the person, that is at the place where the\ndetection is being carried out; or\n(c) at the place.\n\nPolice Administration Act 1978 74\ndangerous substance means any of the following:\n(a) a dangerous drug;\n(b) a precursor;\n(c) a substance prescribed by regulation to be a dangerous\nsubstance.\nelectronic drug detection system, see section 19U of the Misuse\n","sortOrder":141},{"sectionNumber":"Div 1C","sectionType":"division","heading":"Use of handheld scanners without warrant in","content":"Division 1C Use of handheld scanners without warrant in\ncertain areas\n","sortOrder":142},{"sectionNumber":"116K","sectionType":"section","heading":"Definitions","content":"116K Definitions\napproved member means a member of or above the rank of\nSenior Sergeant.\ndesignated scanning area, for a handheld scanner authority,\nmeans an area to which the authority applies, as specified in the\nauthority.\nhandheld scanner means a device that may be passed over or\naround a person or the person's belongings to detect metal.\nhandheld scanner authority, see section 116KB(5).\npublic place means a place the public is entitled to use or that is\nopen to or used by the public, whether on payment of money or\notherwise.\npublic transport facility, see section 116KA.\npublic transport vehicle means:\n(a) a bus being used for a route service, as defined in section 3 of\nthe Public Transport (Passenger Safety) Act 2008; or\n(b) a ferry that is being used, under contract with the Territory, to\ncarry prospective passengers along a specified route at\nspecific times.\nschool, see section 5 of the Education Act 2015.\n\nPolice Administration Act 1978 75\nuse, a handheld scanner in relation to a person, means to pass the\nhandheld scanner in close proximity to the person or the person's\nbelongings.\n116KA Meaning of public transport facility\nA public transport facility means:\n(a) a station, platform, wharf or other structure for the taking on\nand letting off of passengers of a public transport vehicle\ntogether with the following:\n(i) car parks and set-down facilities for passengers of a\npublic transport vehicle that makes scheduled stops at\nthe station, platform, wharf or structure;\n(ii) any other structure or facility for the use or convenience\nof passengers of a public transport vehicle that makes\nscheduled stops at the station, platform, wharf or\nstructure;\n(iii) landscaping associated with the station, platform, wharf\nor structure; or\n(b) a bus stop as defined in section 3 of the Public Transport\n(Passenger Safety) Act 2008.\nExample of a structure for paragraph (a)\nA jetty at which a public transport vehicle makes scheduled stops.\n116KB Use of handheld scanner to be authorised\n(1) Subject to subsection (2), an approved member may, by issuing an\nauthority, authorise the use of a handheld scanner:\n(a) in a designated scanning area; or\n(b) on public transport vehicles travelling on a public transport\nroute and public transport facilities along the route.\n(2) The approved member must not issue an authority unless:\n(a) the approved member considers the use of handheld\nscanners is likely to be effective to detect or deter the\ncommission of an offence involving the possession or use of a\nfirearm, controlled weapon or prohibited weapon in the\naffected place; and\n\nPolice Administration Act 1978 76\n(b) either:\n(i) any of the following happened in a public place in the\naffected place in the previous 6 months:\n(A) an offence was committed by a person armed with\na firearm, controlled weapon or prohibited weapon;\n(B) a violent offence was committed;\n(C) more than one weapon possession offence was\ncommitted; or\n(ii) the approved member suspects, on reasonable grounds\nthat an offence involving a firearm, controlled weapon or\nprohibited weapon is being, or is likely to be, committed\nin a public place or school in the affected place within\nthe next 72 hours.\n(3) A designated scanning area must be no larger than the approved\nmember considers is reasonably necessary to detect or deter the\ncommission of an offence mentioned in subsection (2)(a) in the\nvicinity of the public place or school to which an authority relates.\n(4) An authority has effect for the period of time, not exceeding\n72 hours, specified in the authority.\n(5) An authority issued under this section is a handheld scanner\nauthority.\naffected place, in relation to a handheld scanner authority, means\nthe designated scanning area or the public transport vehicles\ntravelling on a public transport route and the public transport\nfacilities along the route, for which an authority is proposed to be\ncontrolled weapon, see section 3 of the Weapons Control\nprohibited weapon, see section 3 of the Weapons Control\nviolent offence, means an offence against the Criminal Code\ninvolving the use, or threatened use, of violence against a person,\nthe maximum penalty for which is imprisonment for 7 years or\nmore.\n\nPolice Administration Act 1978 77\nweapon possession offence means an offence against\nsection 6(e), 7(1) or 7A of the Weapons Control Act 2001.\n116KC Form and effect of handheld scanner authority\nA handheld scanner authority must be in writing and specify the\n(a) the day and time the authority starts;\n(b) the period of time, referred to in section 116KB(4), that the\nauthority will be in effect;\n(c) the place for which the authority is issued, as follows:\n(i) for a designated scanning area – a description or map of\nthe area;\n(ii) for a public transport route – a brief description of the\nroute.\nExamples for paragraph (c)(ii)\n1 Bus Route No. 4 (Darwin – Casuarina).\n2 Bus Route No. 100-101 (Braitling and Ciccone).\n3 Ferry operating between Cullen Bay and Mandorah.\n116KD Authorised use of handheld scanner without warrant in\ndesignated scanning area\n(1) Subsections (2) to (7) apply if a handheld scanner authority is in\neffect for a designated scanning area.\n(2) Subject to subsection (6), a member may, without a warrant,\nrequire a person to stop and submit to the use of a handheld\nscanner in a public place in the designated scanning area,\nincluding:\n(a) in a public place at a public transport facility in the area; and\n(b) on board a public transport vehicle that is in the area.\n(3) If a member starts to exercise a power in relation to a person under\nthis section while on board a public transport vehicle travelling in\nthe designated scanning area, the member may continue to\nexercise the power in relation to the person if the vehicle travels out\nof the area.\n\nPolice Administration Act 1978 78\n(4) Subject to subsection (6), if a member has consent under\nsubsection (5) to enter a school in the designed scanning area, the\nmember may, without a warrant, require a person in the school to\n(5) The principal, or an employee authorised in writing by the principal,\nmay give consent for members to enter the school to exercise the\npowers under this Division.\n(6) A member must not require a person who is in a private vehicle to\n(7) In this section:\nemployee includes the following:\n(a) a public sector employee;\n(b) an employee of a school.\nprincipal, see section 5 of the Education Act 2015.\n116KE Authorised use of handheld scanner without warrant on public\ntransport route\n(1) Subsections (2) to (4) apply if a handheld scanner authority is in\neffect for a public transport route.\n(2) Subject to subsection (4), a member may, without a warrant,\nrequire a person to stop and submit to the use of a handheld\nscanner:\n(a) in a public place at a public transport facility along the route; or\n(b) on board a public transport vehicle while the vehicle is\ntravelling on the route.\n(3) If a member starts to exercise a power in relation to a person under\nthis section while on board a public transport vehicle travelling on\nthe route, the member may continue to exercise the power in\nrelation to the person if the vehicle travels onto another route.\n(4) A member must not require a person who is in a private vehicle to\n\nPolice Administration Act 1978 79\n116KF Requirements if handheld scanner indicates metal\n(1) If a member uses a handheld scanner in relation to a person under\na handheld scanner authority and the scanner indicates that metal\nis, or is likely to be, present, the member may require the person:\n(a) to produce the thing that may be causing the handheld\nscanner to indicate the presence, or likely presence, of metal;\nand\n(b) to resubmit to the use of a handheld scanner.\n(2) To avoid doubt, a member may exercise a power under\nsubsection (1) even if the member is on board a public transport\nvehicle that travels out of an area mentioned in section 116KD(2)(b)\nor 116KE(2)(b).\nSee section 119AA, and section 19 of the Weapons Control Act 2001, for the\npower of a member, without warrant, to search a person.\n116KG Seizing restricted weapons\n(1) Subsection (2) applies in relation to a restricted weapon that is\nproduced by a person in compliance or purported compliance with a\nrequirement under section 116KF.\n(2) If a member suspects on reasonable grounds that possession of\nthe restricted weapon is unlawful, the member may seize the\nweapon and remove it from the place where it is seized.\nNote for subsection (2)\nSee section 116KM for the powers of members in relation to seized restricted\nweapons.\n116KH Safeguards for exercise of powers\n(1) This section applies to a member who exercises a power under a\nhandheld scanner authority to require a person to stop and submit,\nor resubmit, to the use of a handheld scanner.\n(2) The member must exercise the power in the least invasive way that\nis practicable in the circumstances.\n(3) If reasonably practicable, the member must be of the same sex as\nthe person.\n(4) The member may detain the person for so long as is reasonably\nnecessary to exercise the power.\n\nPolice Administration Act 1978 80\n(5) The member must:\n(a) if requested by the person before or at any time during the\nexercise of the power – inform the person of the member's\nname, rank and place of duty; and\n(b) if requested by the person – give the information mentioned in\nparagraph (a) in writing; and\n(c) produce the member's identification for inspection by the\nperson unless the member is in uniform; and\n(d) inform the person that the person is required to allow the\nmember to use a handheld scanner to determine whether the\nperson is carrying a restricted weapon.\n116KI Offence of failure to comply with requirement\n(1) A person commits an offence if the person:\n(a) is required by a member under section 116KD, 116KE\nor 116KF:\n(i) to stop and submit to the use of a handheld scanner; or\n(ii) to produce a thing and resubmit to the use of a handheld\nscanner; and\n(b) fails to comply with the requirement.\nMaximum penalty: 8 penalty units.\nsubsection (1) if the person has a reasonable excuse.\n(4) A prosecution for an offence against subsection (1) must not be\ncommenced unless the member who gave the requirement:\n(a) complied with section 116KH(5); and\n(b) warned the person that failure to comply with the requirement\nis an offence; and\n(c) gave the person at least 2 opportunities to comply with the\nrequirement, at least one of which was given after the warning\nmentioned in paragraph (b).\n\nPolice Administration Act 1978 81\n116KJ Member taken to have reasonable grounds to suspect unlawful\npossession of weapon\nIf a person fails to comply with a requirement of a member under\nsection 116KD, 116KE or 116KF without a reasonable excuse, the\nmember is taken to have reasonable grounds to suspect that a\nrestricted weapon, the possession of which is unlawful, is in the\npossession of the person.\nNote for section 116KJ\nSee section 119AA, and section 19 of the Weapons Control Act 2001, for the\npower of a member, without warrant, to search a person on the basis of a\nsuspicion mentioned in this section.\n116KL Effect of Division on power to search person\n(1) The power conferred by this Division for a member to use a\nhandheld scanner in relation to a person without a warrant does not\nconfer power on a member to search a person without a warrant.\n(2) This Division does not limit or prevent the use of a handheld\nscanner by a member when exercising a power to search a person,\nwhether with or without a warrant, that a member has under\nanother Division of this Part or under any other Act.\n116KM Destruction of restricted weapons\n(1) This section applies in relation to a restricted weapon that is seized\nfrom a person:\n(a) under section 116KG; or\n(b) under section 119AA, or section 19 of the Weapons Control\nAct 2001, during a search that occurs as a result of the\nperson's failure to comply with a requirement of a member\nunder section 116KD, 116KE or 116KF.\n(2) A member may destroy the restricted weapon if the member:\n(a) has reasonable grounds to suspect that possession of the\nweapon by the person was unlawful; and\n(b) considers that destruction of the weapon is necessary for\npublic safety.\n(3) The destruction may occur at a police station or at any other place.\nNotes for section 116KM\n1 Section 21 of the Weapons Control Act 2001 applies in relation to seized\nrestricted weapons (other than firearms) that are not destroyed under\nsubsection (2).\n\nPolice Administration Act 1978 82\n2 Section 99A(2) and (3) of the Firearms Act 1997 apply in relation to seized\nfirearms that are not destroyed under subsection (2).\n116KO Annual report on use of handheld scanners\n(1) The Commissioner must give an annual report to the Minister on\nthe operation of this Division within 3 months after the end of each\nfinancial year.\n(2) The report must include the following information:\n(a) the number of handheld scanner authorities issued during the\nfinancial year to which the annual report relates;\n(b) the areas for which the authorities were issued.\n(3) The annual report must not include any information that identifies,\nor is likely to lead to the identification of, an individual.\n(4) If the annual report is not included in the annual report of the\nAgency, the Minister must table a copy of the report in the\nLegislative Assembly within 6 sitting days after the Minister receives\nthe report.\n","sortOrder":143},{"sectionNumber":"117","sectionType":"section","heading":"Search warrants","content":"117 Search warrants\n(1) Where an information on oath is laid before a justice of the peace\nalleging that there are reasonable grounds for believing that\nanything connected with an offence may be concealed on the\nperson of, in the clothing that is being worn by or in any property in\nthe immediate control of, a person, the justice of the peace may\nissue a search warrant authorising a member of the Police Force\nnamed in the warrant to search the person of, the clothing that is\nbeing worn by or property in the immediate control of, the person\nand seize any such thing that he may find in the course of the\nsearch.\n(2) Where an information on oath is laid before a justice of the peace\nalleging that there are reasonable grounds for believing that there is\nat a place anything relating to an offence, the justice of the peace\nmay issue a search warrant authorising a member of the Police\nForce named in the warrant to enter and search the place and seize\nanything relating to an offence found in the course of the search at\nthe place.\n\nPolice Administration Act 1978 83\n(3) A justice of the peace shall not issue a warrant under subsection (1)\nor (2) in relation to an information unless:\n(a) the information sets out or has attached to it a written\nstatement of the grounds upon which the issue of the warrant\nis sought;\n(b) the informant or some other person has given to the justice of\nthe peace, either orally or by affidavit, such further information,\nif any, as the justice of the peace requires concerning the\ngrounds on which the issue of the warrant is being sought;\nand\n(c) the justice of the peace is satisfied that there are reasonable\ngrounds for issuing the warrant.\n(4) Where a justice of the peace issues a warrant under subsection (1)\nor (2) he shall record in writing the grounds upon which he relied to\njustify the issue of the warrant.\n(5) There shall be stated in the warrant issued under this section the\nfollowing particulars:\n(a) the purpose for which the search or entry is authorised;\n(b) a description of the nature of the things authorised to be\nseized; and\n(c) the date, not being a date later than 14 days after the date of\nissue of the warrant, upon which the warrant ceases to have\neffect.\n(6) A member may, at any time before a warrant issued under\nsubsection (1) or (2) is executed, make application to a justice of\nthe peace to withdraw the warrant.\n","sortOrder":144},{"sectionNumber":"118","sectionType":"section","heading":"Search warrant may be issued by telephone","content":"118 Search warrant may be issued by telephone\n(1) Where it is impracticable for a member of the Police Force to make\napplication in person to a justice of the peace for a search warrant\nunder this Act, the member may make application for a search\nwarrant to a justice of the peace by telephone in accordance with\nthis section.\n(2) Before making application to a justice of the peace by telephone\nunder subsection (1), a member shall prepare an information on\noath of a kind referred to in section 117(1) or (2) and, where\nrequired by the justice of the peace, an affidavit setting out the\ngrounds on which the issue of the warrant is sought, but may, if it is\nnecessary to do so, make the application before the information\n\nPolice Administration Act 1978 84\nand the affidavit, if required, have been made on oath.\n(3) Where a justice of the peace is satisfied, upon application made\nunder subsection (1), that there are reasonable grounds for issuing\na warrant, the justice of the peace may issue such a search warrant\nas he could issue under section 117 if the application had been\nmade to him in accordance with that section.\n(4) Where a justice of the peace issues a warrant under subsection (3):\n(a) the justice of the peace shall complete and sign the warrant;\nand\n(b) the justice of the peace shall inform the member by telephone\nof the terms of the warrant signed by him, and record on the\nwarrant his reasons for issuing it; and\n(c) the member shall complete in duplicate a form of warrant in\nthe terms furnished to him by the justice of the peace and\nwrite on it the name of the justice of the peace who issued the\nwarrant and the date on which and time at which it was\n(5) Where a justice of the peace issues a warrant under subsection (3),\nthe member shall, not later than the day next following the date of\nthe expiry of the warrant, forward to the justice of the peace who\nissued the warrant the form of warrant prepared by the member and\nthe information and affidavit, if any, duly made in connection with\nthe issue of the warrant.\n(6) Upon receipt of the documents referred to in subsection (5), the\njustice of the peace shall compare the copy of the form of warrant\nforwarded to him with the warrant signed by him and, if he is\nsatisfied that they are in substance identical, he shall note this fact\non the warrant signed by him and forward the warrant together with\nthe copy of the form of warrant and the information and affidavit, if\nany, to the Commissioner of Police or to such member of the Police\nForce as may be specified by the Commissioner.\n(7) A form of warrant completed by a member in accordance with\nsubsection (4) is, if it is in accordance with the terms of the warrant\nsigned by the justice of the peace, authority for any entry or seizure\nthat it authorises.\n(8) Where it is necessary for a court, in any proceeding, to be satisfied\nthat any entry or seizure was authorised by a warrant issued by a\njustice of the peace in accordance with this section, and the warrant\nsigned by the justice of the peace in accordance with this section is\nnot produced in evidence, the court shall assume, unless the\ncontrary is proved, that the entry or seizure was not authorised by\n\nPolice Administration Act 1978 85\nsuch warrant.\n(9) Where an application has been made to a justice of the peace\npursuant to subsection (1) and the application has been refused by\nthe justice of the peace, subject to subsection (10), neither the\nmember of the Police Force who made the application nor any\nother member who has any cause to suspect that an application\nhas been made by another member under subsection (1) in respect\nof the same matter, shall make a further application to any justice of\nthe peace pursuant to subsection (1) in respect of that matter.\n(10) Where an application made pursuant to subsection (1) has been\nmade to a justice of the peace and the application has been refused\nby that justice of the peace a further application may be made to a\njustice of the peace where a member satisfies a justice of the peace\nthat the member has, since the time of the original application,\nreceived further information or evidence which is material to an\napplication under subsection (1).\n","sortOrder":145},{"sectionNumber":"118A","sectionType":"section","heading":"Seizure authorised under search warrant","content":"118A Seizure authorised under search warrant\nA member of the Police Force who executes a warrant issued\nunder section 117 or 118 may, in addition to seizing anything of a\nnature described in the warrant, seize any other thing:\n(a) found in the course of executing the warrant; and\n(b) that the member believes on reasonable grounds is connected\nwith any offence.\n","sortOrder":146},{"sectionNumber":"119","sectionType":"section","heading":"Urgent searches without warrant","content":"119 Urgent searches without warrant\n(1) A member may, in circumstances of such seriousness and urgency\nas to require and justify immediate search or entry without the\nauthority of an order of a court or of a warrant issued under this\nPart, without warrant:\n(a) search the person of, the clothing that is being worn by and\nproperty in the immediate control of, a person suspected on\nreasonable grounds by the member to be carrying anything\nconnected with an offence; or\n(b) enter a place at which the member believes, on reasonable\ngrounds, that anything connected with an offence is situated\nand search the place.\n\nPolice Administration Act 1978 86\n(1A) A member who exercises a power under subsection (1) may seize\nanything found in the course of the search if the member believes\non reasonable grounds it is necessary to do so because the thing:\n(a) is connected with an offence; or\n(b) may significantly increase the risk to the health or safety of a\nparticular person or the public.\n(2) A member who believes on reasonable grounds that a person is\ncarrying a restricted weapon may, without warrant, search the\nperson for the weapon and seize any restricted weapon found on\nthe person.\n(3) A member who believes on reasonable grounds that a restricted\nweapon is being carried in an aircraft, ship, train or vehicle may,\nwithout warrant, enter the aircraft, ship, train or vehicle and seize\nany restricted weapon found in it.\n(3A) The power of seizure under this section includes the power to:\n(a) remove the thing that is seized from the place where it is\nfound; and\n(b) guard the thing that is seized at the place where it is found.\n(4) The powers given by this section are in addition to and do not\nderogate from any other powers of a member.\n119AA Search without warrant for explosive, restricted weapon or\nammunition\n(1) This section applies if a member suspects on reasonable grounds\nthat an explosive, a restricted weapon or ammunition, the\npossession of which is unlawful:\n(a) is in the possession or control of a person in a public place; or\n(b) is being carried in an aircraft, ship, train or vehicle; or\n(c) is at any other place.\n(2) The member may, without warrant:\n(a) search the person, clothing worn by the person and property\nin the person's immediate control; or\n(b) enter the aircraft, ship, train, vehicle or other place and search\nthe place and any person found at the place, clothing worn by\nthe person and property in the person's immediate control.\n\nPolice Administration Act 1978 87\n(3) The member may seize an explosive, a restricted weapon or\nammunition found during the search.\n(4) The power of seizure under subsection (3) includes the power to:\n(a) remove the thing that is seized from the place where it is\nfound; and\n(b) guard the thing that is seized at the place where it is found.\n(5) The powers given by this section are in addition to and do not\nderogate from any other powers of a member.\n","sortOrder":147},{"sectionNumber":"119A","sectionType":"section","heading":"Powers incidental to search and entry powers","content":"119A Powers incidental to search and entry powers\n(1) This section applies if a member is authorised:\n(a) to search a person, clothing being worn by a person or\nproperty in the immediate control of a person under:\n(i) a warrant issued under section 117(1); or\n(ii) a form of warrant completed by the member in\naccordance with section 118(4); or\n(iii) section 119(1)(a) or (2); or\n(iv) section 119AA(2)(a); or\n(b) to enter a place under:\n(i) a warrant issued under section 117(2); or\n(ii) a form of warrant completed by the member in\naccordance with section 118(4); or\n(iii) section 119(1)(b) or (3); or\n(iv) section 119AA(2)(b).\n(2) The member may exercise the power with the assistance, and\nusing the force, that is necessary and reasonable in the\ncircumstances.\n(3) For exercising the power mentioned in subsection (1)(a), the\n(a) stop the person or an aircraft, ship, train or vehicle in which\nthe member reasonably believes the person may be found;\nand\n\nPolice Administration Act 1978 88\n(b) detain the aircraft, ship, train or vehicle, and any persons\nfound in or on it or who enter it while the search is in progress,\nfor as long as reasonably required for the exercise of the\npower.\n(4) For exercising the power mentioned in subsection (1)(b), the\n(a) if the place to which the power relates is an aircraft, ship, train\nor vehicle – stop and detain the aircraft, ship, train or vehicle\nfor as long as reasonably required for the exercise of the\npower; and\n(b) detain any persons found in or on the place, or who enter it\nwhile the search is in progress, for as long as reasonably\nrequired for the exercise of the power.\n(5) For section 112(1) of the Criminal Code, a person detained under\nsubsection (3)(b) or (4)(b) is in the lawful custody of the member\nwhile so detained.\n","sortOrder":148},{"sectionNumber":"120","sectionType":"section","heading":"Power of police to enter place used for entertainment","content":"120 Power of police to enter place used for entertainment\n(1) A member of the Police Force may, without warrant, enter land or\npremises:\n(a) being used for any show, exhibition, sport, games, contest or\nentertainment and to which the public is admitted (whether\nadmission thereto is obtained by payment of money or\notherwise); or\n(b) being used for the purposes of any form of racing.\n(2) Where a member of the Police Force has entered land or premises\npursuant to subsection (1) he may order any person who is a\nreputed thief or who is disorderly or indecent or who is soliciting for\nthe purposes of prostitution to leave the land or premises.\n(3) If any such person refuses or fails to leave the land or premises on\nbeing ordered by a member of the Police Force to do so, he\ncommits an offence.\nMaximum penalty: 1.7 penalty units.\n(4) For the purposes of subsection (2), a reputed thief is a person who\nhas on at least 2 occasions in the period of 5 years immediately\npreceding the occasion of the exercise of the powers given to the\nmember by this section, been found guilty of an offence described\nin Part VII of the Criminal Code, Part IV of the Criminal Law\nConsolidation Act 1876, as in force at any time during that period,\n\nPolice Administration Act 1978 89\nor any similar offence in any other part of Australia.\n","sortOrder":149},{"sectionNumber":"120A","sectionType":"section","heading":"Definitions","content":"120A Definitions\ndangerous drug means:\n(a) a dangerous drug as defined in section 3(1) of the Misuse of\nDrugs Act 1990; or\n(b) a prohibited substance as defined in section 12 of the\nMedicines, Poisons and Therapeutic Goods Act 2012; or\n(c) kava.\ndrug manufacturing equipment means anything that may be\nused in the manufacture of a dangerous drug.\nkava means kava as defined in section 3 of the Kava Management\nAct 1998.\nmanufacture, for a dangerous drug, see section 3(1) of the Misuse\npublic place includes the following:\n(a) every place to which free access is permitted to the public with\nthe express or tacit consent of the owner or occupier of the\nplace;\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only;\n(c) every road, street, footway, court, alley or thoroughfare that\nthe public are allowed to use, even if the road, street, footway,\ncourt, alley or thoroughfare is on private property;\n(d) every school, college, university or similar institution providing\nor offering to provide courses of instruction.\n\nPolice Administration Act 1978 90\n","sortOrder":150},{"sectionNumber":"120B","sectionType":"section","heading":"Search warrants","content":"120B Search warrants\n(1) Where it is made to appear to a justice of the peace, by application\non oath, that there are reasonable grounds for believing:\n(a) that there is at a place a dangerous drug, precursor or drug\n(b) that a dangerous drug, precursor or drug manufacturing\nequipment may be concealed on a person or on or in property\nin the immediate control of a person; or\n(ba) that a dangerous drug, precursor or drug manufacturing\nequipment may, within the next following 72 hours:\n(i) be brought on or into a place; or\n(ii) be concealed on a person or on or in property in the\nimmediate control of a person,\nthe justice of the peace may issue a warrant authorising a member\nof the Police Force named in the warrant, with such assistance as\nthe member thinks necessary, to search:\n(c) in a case referred to in paragraph (a) or (ba)(i):\n(i) the place;\n(ii) any person found at the place; and\n(iii) any person who enters the place while the search is in\nprogress; and\n(d) in a case referred to in paragraph (b) or (ba)(ii), or in respect\nof a person referred to in paragraph (c)(ii) or (iii):\n(i) the person;\n(ii) the clothing worn by the person; or\n(iii) the property in the immediate control of the person.\n(2) A warrant issued under subsection (1)(a) or (ba)(i) authorises the\nmember to whom it is issued to direct a person referred to in\nsubsection (1)(c)(ii) or (iii) to remain at the place for as long as is\nreasonably required for the purposes of the search of the place and\nof the person.\n(3) Section 112(1) of the Criminal Code applies to and in relation to a\nperson directed under subsection (2) as if the person were in the\nlawful custody of the member while so directed.\n\nPolice Administration Act 1978 91\n(4) Under this section:\n(a) an application for a warrant and a submission concerning an\napplication may be made in whole or in part;\n(b) information concerning an application may be furnished in\nwhole or in part; and\n(c) an oath may be administered,\nby telephone, telex, radio or other similar means.\n(5) A warrant issued under this section shall remain in force for such\nperiod as the justice of the peace issuing it specifies in the warrant.\n(6) Where a warrant is issued as the result of an action taken under or\nin pursuance of subsection (4), the justice of the peace issuing it\nshall send it to the Commissioner within 7 days after it is issued.\n(7) Where it is necessary for a member to satisfy a person that a\nwarrant under this section was issued authorising the member to\nconduct a search and, for reasonable cause, the member cannot, at\nthe time of the search, produce the warrant, the member may\nproduce a copy of the warrant completed and endorsed in\naccordance with subsection (8) and the production of the copy shall\nbe deemed to be a production of the warrant.\n(8) For the purposes of subsection (7), a member shall:\n(a) complete a form of warrant substantially in the terms of the\nwarrant issued; and\n(b) write on that form of warrant a statement that a warrant in\nthose terms was issued giving:\n(i) the name of the justice of the peace who issued the\nwarrant; and\n(ii) the date, time and place on and at which it was issued.\n120BA Seizure\nA member of the Police Force may seize:\n(a) anything found in the possession of a person or as the result\nof a search, being a thing that the member suspects, on\nreasonable grounds, is a dangerous drug, precursor or drug\n\nPolice Administration Act 1978 92\n(b) money, a valuable security or other thing:\n(i) found in the possession of a person; or\n(ii) found as the result of a search,\nbeing money, a valuable security or thing that the member\nsuspects, on reasonable grounds, was received or acquired\nby a person directly or indirectly as or from the proceeds or\npart of the proceeds of the supply of a dangerous drug,\nprecursor or drug manufacturing equipment;\n(c) an acknowledgement, note or other thing:\n(i) found in the possession of a person; or\n(ii) found as a result of a search,\nbeing an acknowledgement, note or thing that the member\nsuspects, on reasonable grounds:\n(iii) entitles a person to receive; or\n(iv) is evidence that a person is entitled to receive,\nmoney or money's worth that is the proceeds or part of the\nproceeds of the supply of a dangerous drug, precursor or drug\n(d) a thing found in the possession of a person as the result of a\nsearch, being a thing that the member suspects, on\nreasonable grounds, is evidence of the commission of an\noffence against the Misuse of Drugs Act 1990;\n(e) where a person is apprehended for an offence against the\nMisuse of Drugs Act 1990, an article or thing:\n(i) found in the possession of the person; or\n(ii) found as the result of a search,\nbeing an article or thing that is of a type used in the\nmanufacture, production, cultivation, use or administration of a\ndangerous drug, precursor or drug manufacturing equipment;\nor\n(f) an aircraft, ship, train or vehicle which a member believes on\nreasonable grounds is being or has been used or is intended\nto be used in the commission of an offence against the Misuse\n\nPolice Administration Act 1978 93\n120BB Seizure authorised under search warrant\nA member of the Police Force who executes a warrant issued\nunder section 120B may, in addition to seizing anything mentioned\nin section 120BA, seize any other thing:\n(a) found in the course of executing the warrant; and\n(b) that the member believes on reasonable grounds is connected\nwith any offence.\n","sortOrder":151},{"sectionNumber":"120C","sectionType":"section","heading":"Searching without warrant","content":"120C Searching without warrant\nA member of the Police Force may, without warrant, stop, detain\nand search the following:\n(a) an aircraft, ship, train or vehicle if the member has reasonable\ngrounds to suspect that a dangerous drug, precursor or drug\nmanufacturing equipment may be found on or in it;\n(b) any person found on or in an aircraft, ship, train or vehicle\nbeing searched under paragraph (a);\n(c) a person in a public place if the member has reasonable\ngrounds to suspect that the person has in his or her\npossession, or is in any way conveying, a dangerous drug,\nprecursor or drug manufacturing equipment.\n","sortOrder":152},{"sectionNumber":"120D","sectionType":"section","heading":"Use of reasonable force","content":"120D Use of reasonable force\nThe power to search conferred by section 120C or by a warrant\nissued under section 120B authorises a member:\n(a) to use such reasonable force as is necessary to break into,\nenter and search the place to be searched;\n(b) to use such reasonable force as is necessary to open any\ncupboard, drawer, chest, trunk, box, package or other\nreceptacle, whether a fixture or not, found at the place; and\n(c) to use such reasonable force as is necessary to carry out a\nsearch of a person authorised by or under this Division.\n","sortOrder":153},{"sectionNumber":"120E","sectionType":"section","heading":"Search of females","content":"120E Search of females\n(1) A search of a female under this Division shall be carried out only:\n(a) by a female member of the Police Force;\n(b) by a medical practitioner authorised by a member to carry out\nthe search; or\n\nPolice Administration Act 1978 94\n(c) where there is neither a female member nor a medical\npractitioner available – by a female person authorised by a\nmember to carry out the search.\n(2) Where a medical practitioner or a female person is authorised\nunder subsection (1) to carry out a search of a female, the medical\npractitioner or female person carrying out the search has, for the\npurposes of that search, the same powers, and is subject to the\nsame protection, as a member.\n","sortOrder":154},{"sectionNumber":"121","sectionType":"section","heading":"Arrest warrants","content":"121 Arrest warrants\n(1) Where an information on oath is laid before a justice of the peace\nalleging that there are reasonable grounds for believing that a\nperson has committed an offence:\n(a) the justice of the peace may, subject to subsection (3), issue a\nwarrant for the arrest of the person and for bringing him before\na court specified in the warrant to answer to the information\nand to be further dealt with according to law; or\n(b) the justice of the peace may issue a summons requiring the\nperson to appear before a court to answer to the information.\n(2) At any time after a justice of the peace has issued a summons\nrequiring a person to appear before a court to answer to an\ninformation under subsection (1) and before the summons has\nbeen duly served on the person, a justice of the peace may, subject\nto subsection (3), issue a warrant for the arrest of the person and\nfor bringing him before a court specified in the warrant to answer to\nthe information and to be further dealt with according to law.\n(3) A justice of the peace shall not issue a warrant under subsection (1)\nor (2) in relation to an information unless:\n(a) an affidavit has been furnished to the justice of the peace\nsetting out the grounds on which the issue of the warrant is\nbeing sought;\n(b) the informant or some other person has furnished to the\njustice of the peace such further information, if any, as the\njustice of the peace requires concerning the grounds on which\nthe issue of the warrant is being sought; and\n(c) the justice of the peace is satisfied that there are reasonable\ngrounds for issuing the warrant.\n\nPolice Administration Act 1978 95\n(4) Where an informant furnishes information to a justice of the peace\nfor the purposes of subsection (3)(b), he shall furnish the\ninformation on oath.\n(5) Where a justice of the peace issues a warrant under subsection (1),\nhe shall state on the affidavit furnished to him in accordance with\nsubsection (3) which of the grounds, if any, specified in that affidavit\nhe has relied on to justify the issue of the warrant and particulars of\nany other grounds relied on by him to justify the issue of the\nwarrant.\n(6) Nothing in this section affects the application of section 19A of the\nService and Execution of Process Act 1992 of the Commonwealth.\n(7) A member may, at any time before a warrant issued under\nsubsection (1) is executed, make application to a justice of the\npeace to withdraw the warrant.\n(8) Where a warrant issued under subsection (1) has been executed\nthe person arrested shall be charged with the offence specified in\nthe warrant.\n","sortOrder":155},{"sectionNumber":"122","sectionType":"section","heading":"Arrest warrant may be issued by telephone","content":"122 Arrest warrant may be issued by telephone\n(1) Where it is impracticable for a member of the Police Force to make\napplication to a justice of the peace for an arrest warrant under this\nAct, the member may make application for an arrest warrant to a\njustice of the peace by telephone in accordance with this section.\n(2) Before making application to a justice of the peace by telephone\nunder subsection (1), the member shall prepare an information of a\nkind referred to in section 121 and, where required by the justice of\nthe peace, an affidavit setting out the grounds on which the issue of\nthe warrant is sought, but may, if it is necessary to do so, make the\napplication before the information and the affidavit, if required, have\nbeen made on oath.\n(3) Where a justice of the peace is, upon application made under\nsubsection (1), satisfied that there are reasonable grounds for\nissuing a warrant, the justice of the peace may issue such an arrest\nwarrant as he could issue under section 121 if the application had\nbeen made to him in accordance with that section.\n(4) Where a justice of the peace issues a warrant under subsection (3):\n(a) the justice of the peace shall complete and sign the warrant;\nand\n\nPolice Administration Act 1978 96\n(b) the justice of the peace shall inform the member by telephone\nof the terms of the warrant signed by him, and record on the\nwarrant his reasons for issuing it; and\n(c) the member shall complete in duplicate a form of warrant in\nthe terms furnished to him by the justice of the peace and\nwrite on it the name of the justice of the peace who issued the\nwarrant and the date on which and time at which it was\n(5) Where a justice of the peace issues a warrant under subsection (3),\nthe member shall, not later than the day next following the date of\nthe execution of the warrant, forward to the justice of the peace who\nissued the warrant the form of warrant prepared by the member and\nthe information and affidavit, if any, duly made in connection with\nthe issue of the warrant.\n(6) Upon receipt of the documents referred to in subsection (5), the\njustice of the peace shall compare the copy of the form of warrant\nforwarded to him with the warrant signed by him and, if he is\nsatisfied that they are in substance identical, he shall note this fact\non the warrant signed by him and forward the warrant together with\nthe copy of the form of warrant and the information and affidavit, if\nany, to the Commissioner of Police or to such member of the Police\nForce as may be specified by the Commissioner.\n(7) A form of warrant completed by a member in accordance with\nsubsection (4) is, if it is in accordance with the terms of the warrant\nsigned by the justice of the peace, authority for any arrest that it\nauthorises.\n(8) Where it is necessary for a court in any proceeding to be satisfied\nthat an arrest was authorised by a warrant issued by a justice of the\npeace in accordance with this section, and the warrant signed by\nthe justice of the peace in accordance with this section is not\nproduced in evidence, the court shall assume, unless the contrary\nis proved, that the arrest was not authorised by such warrant.\n(9) Where an application has been made to a justice of the peace\npursuant to subsection (1) and the application has been refused by\nthe justice of the peace, subject to subsection (10), neither the\nmember of the Police Force who made the application nor any\nother member who has any cause to suspect that an application\nhas been made by another member under subsection (1) in respect\nof the same matter, shall make a further application to any justice of\nthe peace pursuant to subsection (1) in respect of that matter.\n(10) Where an application made pursuant to subsection (1) has been\nmade to a justice of the peace and the application has been refused\n\nPolice Administration Act 1978 97\nby that justice of the peace a further application may be made to a\njustice of the peace where a member satisfies a justice of the peace\nthat the member has, since the time of the original application,\nreceived further information or evidence which is material to an\napplication under subsection (1).\n","sortOrder":156},{"sectionNumber":"123","sectionType":"section","heading":"Arrest without warrant by members of Police Force","content":"123 Arrest without warrant by members of Police Force\nA member of the Police Force may, without warrant, arrest and take\ninto custody any person where he believes on reasonable grounds\nthat the person has committed, is committing or is about to commit\nan offence.\nNote for section 123\nIf the person arrested is a youth within the meaning of the Youth Justice\nAct 2005, sections 16 and 22 of that Act apply.\n","sortOrder":157},{"sectionNumber":"124","sectionType":"section","heading":"Arrest of person where warrant issued","content":"124 Arrest of person where warrant issued\n(1) A member of the Police Force may, without warrant, arrest and take\ninto custody any person who the member has reasonable cause to\nbelieve is a person for whose apprehension or committal a warrant\nhas been issued by any Supreme Court Judge, Local Court Judge\nor justice of the peace.\n(2) Where a member arrests a person under subsection (1), the\nmember shall, as soon as reasonably practicable thereafter,\nproduce or cause to be produced to the person the warrant\nauthorising his apprehension or committal, where the person has\nbeen apprehended in pursuance of a warrant authorising his\napprehension, and the person shall be charged with the offence\nspecified in the warrant.\n","sortOrder":158},{"sectionNumber":"125","sectionType":"section","heading":"Power to arrest interstate offenders","content":"125 Power to arrest interstate offenders\n(1) A member of the Police Force may, without warrant, arrest and take\ninto custody a person if the member believes on reasonable\ngrounds that the person has, in a State or another Territory,\ncommitted an offence against the law of that State or Territory and\nthere is under the law of the Northern Territory a similar offence that\nis punishable by imprisonment for a period exceeding 6 months.\n(3) The court before whom a person arrested under subsection (1) is\nbrought may:\n(a) discharge the person;\n(b) grant the person bail in accordance with the Bail Act 1982 as if\nthe person had been charged with the similar offence\nmentioned in subsection (1); or\n\nPolice Administration Act 1978 98\n(c) authorise the detention of the person for a reasonable time\npending the endorsement, under the Service and Execution of\nProcess Act 1992 of the Commonwealth, of a warrant issued\nin the State or Territory in which the offence was committed.\n","sortOrder":159},{"sectionNumber":"126","sectionType":"section","heading":"Power to enter and arrest under warrant","content":"126 Power to enter and arrest under warrant\nFor the purpose of arresting a person, a member of the Police\nForce may enter a place if:\n(a) the member has the power to arrest the person under a\nwarrant; and\n(b) the member believes on reasonable grounds that the person\nis at the place.\n","sortOrder":160},{"sectionNumber":"126A","sectionType":"section","heading":"Power to enter and arrest without warrant","content":"126A Power to enter and arrest without warrant\nFor the purpose of arresting a person, a member of the Police\nForce may enter a place, without a warrant, if the member believes\non reasonable grounds that:\n(a) the person is at the place; and\n(b) the person has committed an offence punishable by a term of\nimprisonment exceeding 6 months.\n126AB Power to enter places for arrests relating to parole orders\nFor the purpose of arresting a person under section 5G(2)(a) of the\nParole Act 1971, a member may enter a place, without a warrant, if\nthe member believes on reasonable grounds that the person is at\nthe place.\n","sortOrder":161},{"sectionNumber":"126B","sectionType":"section","heading":"Power to enter and remain to protect a person","content":"126B Power to enter and remain to protect a person\n(1) For the purpose of protecting a person at a place, a member of the\nPolice Force may enter the place if the member believes on\nreasonable grounds that:\n(a) the person has suffered, is suffering or is in imminent danger\nof suffering personal injury at the hands of another person; or\n(b) another person at the place has contravened, is contravening\nor is about to contravene an order under the Domestic and\nFamily Violence Act 2007.\n\nPolice Administration Act 1978 99\n(2) For the purpose of protecting a child at a place, a member of the\nPolice Force may enter the place if the member believes on\nreasonable grounds that there is a serious and imminent risk to the\nwelfare of the child.\n(3) No warrant is required to enter a place under this section.\n(4) The member may remain at the place entered under this section for\nthe time needed to take any reasonable action the member\nconsiders necessary to do any of the following:\n(a) verify the grounds of the member's belief;\n(b) ensure that, in the member's opinion, no one at the place is in\ndanger or at risk;\n(c) prevent a breach of the peace or a contravention of the order\nat the place;\n(d) assist, or arrange assistance for, any injured person at the\nplace.\n","sortOrder":162},{"sectionNumber":"126C","sectionType":"section","heading":"Power to search and seize restricted weapons","content":"126C Power to search and seize restricted weapons\n(1) A member who enters a place under section 126B may search the\nplace for restricted weapons if the member believes on reasonable\ngrounds that:\n(a) a restricted weapon is located at the place; and\n(b) leaving the restricted weapon at the place could put a person\nin imminent danger of suffering personal injury or an\naggravation of personal injury already suffered.\n(2) The member may seize any restricted weapon or other article\ncapable of being used to inflict injury on a person found as a result\nof the search conducted under subsection (1).\n(3) Any firearm seized under subsection (2) must be dealt with in\naccordance with the Firearms Act 1997.\n(4) The power to search under subsection (1) authorises the member\nto use such reasonable force as is necessary to:\n(a) open any cupboard, drawer, chest, trunk, box, package or\nother receptacle, whether a fixture or not, found at the place;\nand\n(b) carry out a search of a person at the place.\n\nPolice Administration Act 1978 100\n(5) No warrant is required to search a place or seize a restricted\nweapon or other article under this section.\n","sortOrder":163},{"sectionNumber":"126D","sectionType":"section","heading":"Ancillary powers","content":"126D Ancillary powers\n(1) For sections 126, 126A (subject to any limits in a warrant), 126AB\nand 126B, the member of the Police Force may:\n(a) enter the place at any time of the day or night; and\n(b) use such reasonable force as is necessary to enter the place;\nand\n(c) obtain the assistance that the member thinks necessary to\nenter the place.\n(2) Sections 126, 126A, 126AB and 126B do not limit or prevent the\nexercise of any other power to enter a place, whether with or\nwithout a warrant, that a member has under another law of the\nTerritory.\n","sortOrder":164},{"sectionNumber":"126E","sectionType":"section","heading":"Power to enter places relating to prescribed respondents","content":"126E Power to enter places relating to prescribed respondents\n(1) For the purpose of exercising a prescribed power in respect of a\nperson who is a prescribed respondent, a member may enter a\nplace, without a warrant, if the member suspects on reasonable\ngrounds that the person may be at the place.\n(2) Despite subsection (1), the member may not enter any part of the\nplace that is a dwelling without the consent of an occupier of the\ndwelling.\n(3) The member may remain at the place entered under this section for\nthe time reasonably required for the member:\n(a) to confirm whether the person is present at the place; and\n(b) if the person is present – to exercise the member's prescribed\npowers in respect of the person.\n(4) This section does not limit or prevent the exercise of any other\npower to enter the place (including any dwelling at the place),\nwhether with or without a warrant, that the member otherwise has\nunder this Act or another law of the Territory.\n(5) In this section:\nDVO, see section 4 of the Domestic and Family Violence Act 2007.\n\nPolice Administration Act 1978 101\ndwelling means a building or structure, or part of a building or\nstructure, that is ordinarily occupied for residential purposes, but\ndoes not include:\n(a) any yard, garden, driveway, carport or other external area that\nforms part of the premises on which the building or structure is\nsituated; or\n(b) any common property or common area that is associated with\nthe premises on which the building or structure is situated.\nprescribed power means a power conferred on a member under\nthe Domestic and Family Violence Act 2007 that is prescribed by\nregulation for this section.\nprescribed respondent means a respondent, or class of\nrespondent, prescribed by regulation for this section.\nrespondent means a person against whom a DVO is in force under\nthe Domestic and Family Violence Act 2007.\n","sortOrder":165},{"sectionNumber":"127","sectionType":"section","heading":"Persons to be informed of reason for arrest","content":"127 Persons to be informed of reason for arrest\n(1) A member of the Police Force who arrests a person for an offence\nshall inform the person, at the time of the arrest or as soon as\npracticable thereafter, of the offence for which he is arrested.\n(2) A member who arrests a person for an offence shall be taken to\nhave complied with subsection (1) if he informs the person of the\nsubstance of the offence for which he is arrested, and it is not\nnecessary for him to do so in language of a precise or technical\nnature.\n(3) Subsection (1) does not apply to or in relation to the arrest of a\nperson:\n(a) if that person ought, by reason of the circumstances in which\nhe is arrested, to know the substance of the offence for which\nhe is arrested; or\n(b) if the person arrested makes it impracticable by reason of his\nactions, for the member effecting the arrest to inform him of\nthe offence for which he is arrested.\n\nPolice Administration Act 1978 102\n","sortOrder":166},{"sectionNumber":"127A","sectionType":"section","heading":"Intoxicated person","content":"127A Intoxicated person\nFor this Division, a person is intoxicated if:\n(a) the person's speech, balance, coordination or behaviour\nappears to be noticeably impaired; and\n(b) it is reasonable in the circumstances to believe the impairment\nresults from the consumption or use of alcohol or a drug.\n","sortOrder":167},{"sectionNumber":"128","sectionType":"section","heading":"Circumstances in which a person may be apprehended","content":"128 Circumstances in which a person may be apprehended\n(1) A member may, without warrant, apprehend a person and take the\nperson into custody if the member has reasonable grounds for\nbelieving:\n(a) the person is intoxicated; and\n(b) the person is in a public place or trespassing on private\nproperty; and\n(c) because of the person's intoxication, the person:\n(i) is unable to adequately care for himself or herself and it\nis not practicable at that time for the person to be cared\nfor by someone else; or\n(ii) may cause harm to himself or herself or someone else;\nor\n(iii) may intimidate, alarm or cause substantial annoyance to\npeople; or\n(iv) is likely to commit an offence.\n(2) For the purposes of carrying out his duties under subsection (1), a\nmember may, without warrant, enter upon private property.\n(2A) A member who takes a person into custody under subsection (1), or\nany other member, must establish the person's identity by taking\nand recording the person's name and other information relevant to\nthe person's identification, including photographs, fingerprints and\nother biometric identifiers.\n(3) A member of the Police Force who takes a person into custody\nunder subsection (1) may:\n(a) search or cause to be searched that person; and\n\nPolice Administration Act 1978 103\n(b) remove or cause to be removed from that person for safe\nkeeping, until the person is released from custody, any money\nor valuables that are found on or about that person and any\nitem on or about that person that is likely to cause harm to that\nperson or any other person or that could be used by that\nperson or any other person to cause harm to himself or\nanother.\n(4) For the purposes of subsection (3), the person of a woman shall not\nbe searched except by a woman.\n(5) All money or valuables taken from a person under subsection (3)\nshall be recorded in a register kept for that purpose and shall be\nreturned to that person on receipt of a signature or other mark\nmade by that person in the register.\n(6) A member may use the force that is reasonably necessary to\nexercise a power under this section.\n","sortOrder":168},{"sectionNumber":"129","sectionType":"section","heading":"Period of apprehension","content":"129 Period of apprehension\n(1) Subject to this Division, a person who has been apprehended and\ntaken into custody under section 128 shall be held in the custody of\na member of the Police Force, but only for so long as it reasonably\nappears to the member of the Police Force in whose custody he is\nheld that the person remains intoxicated.\n(2) Subject to this Division, where it reasonably appears to a member\nof the Police Force in whose custody a person is held at the time\nunder this section that the person is no longer intoxicated, the\nmember shall, without any further or other authority than this\nsubsection, release that person or cause him to be released from\ncustody.\n(3) A person who has been taken into custody under section 128 and\nwho is in custody after midnight and before half past 7 o'clock in the\nmorning on that day, may be held in custody until half past 7 o'clock\nin the morning on that day, notwithstanding that the person is no\nlonger intoxicated.\n","sortOrder":169},{"sectionNumber":"130","sectionType":"section","heading":"Protection of apprehended person","content":"130 Protection of apprehended person\n(1) A person in custody after apprehension under section 128:\n(a) shall not be charged with an offence; and\n(b) shall not be questioned by a member in relation to an offence.\n\nPolice Administration Act 1978 104\n(2) Where a person is questioned in contravention of subsection (1)(b)\nany answers which he may give to any such question shall be\ninadmissible in evidence against him in any proceedings.\n","sortOrder":170},{"sectionNumber":"130A","sectionType":"section","heading":"Evidence for alcohol-related matters","content":"130A Evidence for alcohol-related matters\n(1) If a member reasonably believes a person in custody under this\nDivision is intoxicated with alcohol, the member may do any of the\n(a) require the person to submit to a breath test to determine\nwhether there is alcohol in the person's breath;\n(b) require the person to provide a sample of the person's breath\nfor a breath analysis;\n(c) take and record the person's name and other information\nrelevant to the person's identification, including photographs,\nfingerprints and other biometric identifiers.\n(2) A breath analysis must be carried out:\n(a) by a person authorised to carry out a breath analysis under\nthe Traffic Act 1987 (an authorised officer); and\n(b) using a prescribed breath analysis instrument.\n(4) A certificate signed by the authorised officer who carried out a\nbreath test or breath analysis on a person is evidence that there\nwas present in the person's breath the concentration of alcohol\nstated in the certificate.\n(5) A certificate signed by the member who records information about a\nperson's identity is evidence of the matters stated in the certificate.\nbreath analysis, see section 3(1) of the Traffic Act 1987.\nbreath test, see section 3(1) of the Traffic Act 1987.\nprescribed breath analysis instrument, see section 3(1) of the\nTraffic Act 1987.\n","sortOrder":171},{"sectionNumber":"131","sectionType":"section","heading":"Release","content":"131 Release\n(1) The member of the Police Force in whose custody a person is held\nunder this Division may, at any time, without any further or other\nauthority than this subsection, release that person or cause him to\nbe released into the care of a person who the member reasonably\n\nPolice Administration Act 1978 105\nbelieves is a person capable of taking adequate care of that person.\n(2) A person in custody shall not be released under subsection (1) into\nthe care of another person if the person in custody objects to being\nreleased into the care of that person.\n","sortOrder":172},{"sectionNumber":"132","sectionType":"section","heading":"Continued detention of person taken into custody under","content":"132 Continued detention of person taken into custody under\nsection 128\n(1) In this section:\nhealth practitioner means one of the following who is available to\nattend to a person held in custody:\n(a) a medical practitioner;\n(b) a person registered under the Health Practitioner Regulation\nNational Law (other than as a student) to practise in:\n(i) the Aboriginal and Torres Strait Islander health practice\nprofession; or\n(ii) the nursing profession.\nmember of the Police Force in whose custody a person is held,\nin relation to a person being held in custody in a locality that is\noutside Alice Springs, Darwin, Katherine or Tennant Creek, means\nthe member of the Police Force on duty in the locality who holds the\nhighest rank.\n(2) If:\n(a) a person who was taken into custody under section 128 is\nheld in custody for 6 hours; and\n(b) after the 6 hours has expired, it reasonably appears to the\nmember of the Police Force in whose custody the person is\nheld that the person is still intoxicated with alcohol or a drug,\nthe member must:\n(c) notify a member of the Police Force of or above the rank of\nsuperintendent that it reasonably appears to the member that\nthe person is still intoxicated with alcohol or a drug;\n\nPolice Administration Act 1978 106\n(d) if instructed by the member of the Police Force of or above the\nrank of superintendent to do so – continue, subject to\nsubsection (4), to hold the person in custody until:\n(i) it reasonably appears to the member of the Police Force\nin whose custody the person is held that the person is no\nlonger intoxicated; or\n(ii) the expiry of 10 hours after the person was taken into\ncustody under section 128,\nwhichever first occurs;\n(e) make a record in the custody log (however described) of the\ntime at which and manner in which he or she notified the\nsuperintendent or other member, the content of the notification\nand the instruction the superintendent or other member gave\nto him or her; and\n(f) if the member continues to hold the person in custody –\narrange for a health practitioner to examine the person as\nsoon as practicable.\n(3) Notification under subsection (2)(c) may be:\n(a) made orally, whether in person or by radio, telephone or any\nother available means of communication; or\n(b) made in writing by facsimile transmission or any other\navailable electronic means of communication.\n(4) On the person who continues to be held in custody under\nsubsection (2) being examined by a health practitioner:\n(a) if the health practitioner is of the opinion that the condition of\nthe person is such that the person requires medical\ntreatment – the person may be released from custody into the\ncare of the health practitioner; or\n(b) if the health practitioner is of the opinion that the condition of\nthe person is such that the person does not require medical\ntreatment – the member of the Police Force in whose custody\nthe person is held must continue to hold the person in custody\nuntil the expiry of the period the member must hold the person\nin custody under subsection (2)(d).\n\nDivision 4AA Taking person into custody for infringement notice offence\nPolice Administration Act 1978 107\n","sortOrder":173},{"sectionNumber":"133","sectionType":"section","heading":"Application to member for release","content":"133 Application to member for release\n(1) A person apprehended under section 128 may, at any time after\nsuch apprehension, request a member to take him before a court of\ncompetent jurisdiction in order that the person may make an\napplication to the court for his release.\n(2) Where a request is made of a member under subsection (1) he\nshall, if it is reasonably practicable for the person to be brought\nbefore the court forthwith, bring the person, or cause the person to\nbe brought, before the court forthwith unless sooner released.\nNote for subsection (2)\nSection 49E(8) of the Evidence Act 1939 provides that a requirement that a\nperson be before a court is taken to be satisfied if the person is before the court\nby way of a communication link in accordance with Part 5, Division 2 of that Act.\nDivision 4AA Taking person into custody for infringement notice\noffence\n133AA Definition\ninfringement notice offence means an offence under this Act or\nanother Act for which an infringement notice may be served and\nwhich is prescribed for this Division by regulation.\n133AB Taking person into custody for infringement notice offence\n(1) This section applies if:\n(a) a member of the Police Force has arrested a person without a\nwarrant under section 123; and\n(b) the person was arrested because the member believed on\nreasonable grounds that the person had committed, was\ncommitting or was about to commit, an offence that is an\ninfringement notice offence.\n(2) The member may take the person into custody and:\n(a) hold the person for a period up to 4 hours; or\n(b) if the person is intoxicated – hold the person for a period\nlonger than 4 hours until the member believes on reasonable\ngrounds that the person is no longer intoxicated.\n\nDivision 4AA Taking person into custody for infringement notice offence\nPolice Administration Act 1978 108\n(3) The member, or any other member, on the expiry of the period\nmentioned in subsection (2), may:\n(a) release the person unconditionally; or\n(b) release the person and issue the person with an infringement\nnotice in relation to the infringement notice offence; or\n(c) release the person on bail; or\n(d) under section 137, bring the person before a justice of the\npeace or court for the infringement notice offence or another\noffence allegedly committed by the person.\n(4) For deciding how to deal with the person under subsection (3), the\nmember, or another member, may question the person about the\ninfringement notice offence, or any other offence in relation to which\nthe person is of interest to police.\n133AC When person taken into custody\n(1) A member of the Police Force who takes a person into custody\nunder section 133AB, or another member, must establish the\nperson's identity by taking and recording the person's name and\nfurther information relevant to the person's identification, including\nphotographs, fingerprints and other biometric identifiers.\n(2) A member who takes a person into custody under section 133AB\nmay:\n(a) search the person or cause the person to be searched; and\n(b) remove, or cause to be removed, from the person for\nsafekeeping:\n(i) any money or valuables; and\n(ii) any item that is likely to cause harm to the person or\nanother person; and\n(iii) any item that could be used by the person or another\nperson to cause harm to the person or another person.\n(3) Any item removed from a person under subsection (2)(b):\n(a) must be recorded in a register kept for that purpose; and\n(b) must be returned to the person on the person being released\nfrom custody.\n\nPolice Administration Act 1978 109\n(4) Subsection (3)(b) does not apply if possession of the item by the\nperson would be unlawful.\n(5) The person must acknowledge receipt of any items returned under\nsubsection (3)(b) by signing or making a mark in the register.\n(6) For subsection (2)(a), a search of a female may only be carried out:\n(a) by a female member of the Police Force; or\n(b) if a female member of the Police Force is not available, a\nfemale authorised by a member to carry out the search.\n(7) A member, or a person authorised under subsection (6)(b), may\nuse the force that is reasonably necessary to exercise a power\n(8) A person authorised under subsection (6)(b) to carry out a search\nof a female has, for that search, the same powers and protections\nas a member.\n","sortOrder":174},{"sectionNumber":"133A","sectionType":"section","heading":"Definitions","content":"133A Definitions\nnotice to appear means a notice issued under section 133B.\nperson does not include a youth within the meaning of the Youth\nJustice Act 2005.\n","sortOrder":175},{"sectionNumber":"133B","sectionType":"section","heading":"Member may issue and serve notice to appear","content":"133B Member may issue and serve notice to appear\n(1) A member who believes on reasonable grounds that a person has\ncommitted an offence may issue a notice requiring the person to\nappear before the Local Court in respect of the offence.\n(2) The member must issue the notice to appear in triplicate and serve\none copy personally on the person required to appear before the\nLocal Court.\n","sortOrder":176},{"sectionNumber":"133C","sectionType":"section","heading":"Form of notice to appear","content":"133C Form of notice to appear\n(1) A notice to appear is to:\n(a) be directed to the person alleged to have committed the\noffence; and\n\nPolice Administration Act 1978 110\n(b) state the substance of the offence the person is alleged to\nhave committed; and\n(c) require the person to appear before the Local Court at a\nspecified time and place in respect of the offence; and\n(d) state, if the person does not appear before the Local Court as\nrequired by the notice, the consequences include that the\nLocal Court may issue a warrant for the person's arrest or\nproceed ex parte to a hearing of the offence and adjudicate on\nthe offence as fully and effectually, to all intents and purposes,\nas if the person had personally appeared as required by the\nnotice; and\n(e) be signed by the member who issued the notice.\n(2) The statement in the notice to appear of the substance of the\noffence need provide only general particulars of the offence,\nincluding:\n(a) the nature of the offence; and\n(b) the time and place it is alleged the offence was committed.\n(3) The time specified in the notice to appear as the time when the\nperson is required to appear before the Local Court is to be not less\nthan 7 days after the notice is served.\n(4) The place specified in the notice to appear as the place where the\nperson is to appear before the Local Court is to be a place where\nthe Local Court will be sitting at the time specified in the notice.\n","sortOrder":177},{"sectionNumber":"133D","sectionType":"section","heading":"Notice to appear to be filed","content":"133D Notice to appear to be filed\nAfter a person has been served with a notice to appear, and as\nsoon as practicable before the date on which the person is required\nto appear before the Local Court, one copy of the notice is to be\nfiled with the Registrar of the Local Court at the place where the\nperson is required to appear.\n","sortOrder":178},{"sectionNumber":"133E","sectionType":"section","heading":"Person to be given complaint or information","content":"133E Person to be given complaint or information\nA person who appears before the Local Court as required by a\nnotice to appear is to be given a complaint or information (as the\ncase requires) in accordance with section 190(1) of the Local Court\n(Criminal Procedure) Act 1928.\n\nPolice Administration Act 1978 111\n","sortOrder":179},{"sectionNumber":"134","sectionType":"section","heading":"Identification of person to assist with inquiries","content":"134 Identification of person to assist with inquiries\n(1) This section applies in relation to a person if a member believes on\nreasonable grounds that the person may be able to assist the\nmember in the member's inquiries in connection with an offence\nthat has been, may have been or may be committed.\n(2) If the person's name or address is unknown to the member, the\nmember may require the person to do either or both of the\n(a) state the person's name and the address of the person's usual\nplace of residence or work;\n(b) produce evidence of the person's identity.\n(3) When giving a requirement under subsection (2), the member must\nwarn the person that it is an offence to contravene the requirement\nunless the person has a reasonable excuse.\n(4) A person commits an offence if the person contravenes a\nrequirement given under subsection (2).\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(7) Subsection (4) does not apply to a person who has been given a\nrequirement under subsection (2) if the member who gave the\nrequirement did not, at the time the requirement was given, warn\nthe person in accordance with subsection (3).\n(8) A person commits an offence if:\n(a) the person gives a member information or produces evidence\nrequired under subsection (2); and\n(b) the information or evidence is false or misleading in a material\nparticular.\n(9) An offence against subsection (8) is an offence of strict liability.\n\nPolice Administration Act 1978 112\n","sortOrder":180},{"sectionNumber":"134A","sectionType":"section","heading":"Identification of person on suspicion of contravention","content":"134A Identification of person on suspicion of contravention\n(1) This section applies in relation to a person if a member suspects on\nreasonable grounds that the person has contravened, is\ncontravening, or is about to contravene section 171(1) of the Liquor\nAct 2019.\n(2) If the person's name or address is unknown to the member, the\nmember may require the person to do either or both of the\n(a) state the person's name and the address of the person's usual\nplace of residence or work;\n(b) produce evidence of the person's identity.\n(3) When giving a requirement under subsection (2), the member must\nwarn the person that it is an offence to contravene the requirement\nunless the person has a reasonable excuse.\n(4) A person commits an offence if the person contravenes a\nrequirement given under subsection (2).\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(7) Subsection (4) does not apply to a person who has been given a\nrequirement under subsection (2) if the member who gave the\nrequirement did not, at the time the requirement was given, warn\nthe person in accordance with subsection (3).\n(8) A person commits an offence if:\n(a) the person gives a member information or produces evidence\nrequired under subsection (2); and\n(b) the information or evidence is false or misleading in a material\nparticular.\n(9) An offence against subsection (8) is an offence of strict liability.\n\nPolice Administration Act 1978 113\n","sortOrder":181},{"sectionNumber":"134B","sectionType":"section","heading":"Identification of member","content":"134B Identification of member\n(1) A person may require a member who gives the person a\nrequirement under section 134 or 134A to do either or both of the\n(a) inform the person of the member's name, rank and place of\nduty;\n(b) give the information mentioned in paragraph (a) to the person\nin writing.\n(2) A member who has been given a requirement under subsection (1)\ncommits an offence if:\n(a) the member contravenes the requirement; or\n(b) the member gives the person information that is false or\nmisleading in a material particular.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":182},{"sectionNumber":"135","sectionType":"section","heading":"Disclosure of names","content":"135 Disclosure of names\n(1) A member of the Police Force shall, when requested to do so:\n(a) by a legal practitioner representing a person held in custody\nunder a law in force in the Territory; or\n(b) by a spouse, de facto partner, parent or child of a person held\nin custody under a law in force in the Territory,\ndisclose to the person so requesting, whether or not a person is\nbeing held in custody and if so where that person is being so held.\n(2) A disclosure requested by a person mentioned in subsection (1)(b)\nthat a person is being held in custody shall only be made with the\nconsent of the person being so held.\n\nPolice Administration Act 1978 114\n","sortOrder":183},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Special powers to prevent, stop or reduce public","content":"Division 5A Special powers to prevent, stop or reduce public\ndisorder\n","sortOrder":184},{"sectionNumber":"135A","sectionType":"section","heading":"Definitions","content":"135A Definitions\ndeclared area, for a public disorder declaration, means the area in\nrelation to which the declaration applies, as specified in the\ndeclaration.\npublic disorder means:\n(a) a riot or other civil disturbance that gives rise to a serious risk\nto public safety; or\n(b) a series of riots or civil disturbances, whether at a single\nlocation or at different locations, that gives rise to a serious\nrisk to public safety.\npublic disorder declaration, see section 135B(1).\npublic place means a place the public is entitled to use or that is\nopen to or used by the public, whether on payment of money or\notherwise.\n","sortOrder":185},{"sectionNumber":"135B","sectionType":"section","heading":"Power to make public disorder declaration","content":"135B Power to make public disorder declaration\n(1) The Commissioner may make a declaration under this section (a\npublic disorder declaration) if the Commissioner believes on\nreasonable grounds that:\n(a) public disorder is occurring at a public place or there is an\nimminent risk of public disorder occurring at a public place;\nand\n(b) the use of the powers set out in this Division is required to\nprevent, stop or reduce the public disorder at the public place.\n(2) A public disorder declaration:\n(a) must be made in writing or, if it is not reasonably practicable in\nthe circumstances for it to be made in writing, may be made\norally; and\n(b) must specify the matters mentioned in section 135C(1); and\n(c) takes effect immediately on being made; and\n\nPolice Administration Act 1978 115\n(d) subject to sections 135F and 135G, is in force for the period of\ntime, not exceeding 72 hours, specified in the declaration.\n(3) A written public disorder declaration must be published in the\nGazette as soon as reasonably practicable after it is made.\n(4) If a public disorder declaration is made orally, as soon as\nreasonably practicable after it is made, it must be confirmed in\nwriting and the written confirmation must be published in the\n(5) A public disorder declaration cannot apply in relation to Aboriginal\nland as defined in section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\n(6) Subsection (5) limits the application of section 59A of the\nInterpretation Act 1978 to this Division.\n(7) The Commissioner cannot delegate the Commissioner's power\n(8) If the Commissioner makes a public disorder declaration (the first\ndeclaration), the Commissioner cannot make another declaration\n(the second declaration) that applies in relation to the same, or\nsubstantially the same, area as the first declaration unless:\n(a) the first declaration has ceased to be in force for at least\n7 days; or\n(b) the second declaration is made in relation to public disorder of\na different nature, or arising from different circumstances, than\nthe public disorder specified in the first declaration.\n","sortOrder":186},{"sectionNumber":"135C","sectionType":"section","heading":"Public disorder declaration","content":"135C Public disorder declaration\n(1) A public disorder declaration must specify the following:\n(a) that it is made under this Division;\n(b) the nature and circumstances of the public disorder in relation\nto which it is made;\n(c) the area in relation to which it applies, which must be no larger\nthan the Commissioner considers is reasonably necessary to\nprevent, stop or reduce the public disorder in relation to which\nit is made;\n(d) whether it applies to all persons or a particular class of\npersons, including by reference to a particular attribute of the\npersons who are members of the class;\n\nPolice Administration Act 1978 116\n(e) the period of time (not exceeding 72 hours) that it will be in\nforce;\n(f) that the powers under section 135D may be used while it is in\nforce;\n(g) if the powers under section 135D are to be exercised only at\nparticular times of the day – those times;\n(h) the permissible reasons for a person to whom the declaration\napplies to remain in or enter the declared area despite the\ndeclaration being in force.\nNote for subsection (1)(c)\nSection 135B(5) provides that a public disorder declaration cannot apply in\nrelation to certain land.\n(2) The reasons specified under subsection (1)(h) must include the\n(a) for employment purposes;\n(b) to access the person's place of residence or that of a family\n(c) to access a health care facility or receive medical treatment;\n(d) to provide care or support to a family member or another\nperson who is unable to care for themselves due to health,\nage or disability.\n(3) The Anti-Discrimination Act 1992 does not apply to a public\ndisorder declaration or any actions taken by the Commissioner or a\nmember under a declaration in accordance with this Division.\n","sortOrder":187},{"sectionNumber":"135D","sectionType":"section","heading":"Powers during public disorder declaration","content":"135D Powers during public disorder declaration\n(1) While a public disorder declaration is in force, a member may\nexercise the powers set out in this section.\n(2) A member may direct a person to whom the public disorder\ndeclaration applies:\n(a) to leave the declared area; or\n(b) not to enter the declared area.\n(3) If a group of persons, made up wholly or in part of persons to whom\na public disorder declaration applies, is assembled within a\ndeclared area, a member may direct all persons in the group, or\nany specified person, to disperse immediately.\n\nPolice Administration Act 1978 117\n(4) A member may direct any person in the declared area to remain in\nthe place where the person is for a period not exceeding 2 hours if\nthe member believes it is reasonably necessary to prevent a risk to\nthe safety of the person or any other person.\n(5) A member giving a direction under this section must orally inform\nthe person or persons to whom the direction is given that the\ndirection:\n(a) if given under subsection (2) or (3) – is given for the purpose\nof preventing, stopping or reducing public disorder; or\n(b) if given under subsection (4) – is given to prevent a risk to the\nsafety of the person or any other person.\n(6) If a direction and information mentioned in subsection (5) is given to\na group of persons, it must be given in a manner that is likely to be\naudible to all persons in the group, or to as many of them as\npracticable.\n(7) If a person fails to comply with a direction given under this section,\na member may use reasonable force to do the following:\n(a) if the direction was given under subsection (2) – prevent the\nperson from remaining in or entering, or from attempting to\nremain in or enter, the declared area;\n(b) if the direction was given under subsection (3) – move the\nperson away from others;\n(c) if the direction was given under subsection (4) – prevent the\nperson from leaving the place where the person is.\n","sortOrder":188},{"sectionNumber":"135E","sectionType":"section","heading":"Offence of failure to comply with direction","content":"135E Offence of failure to comply with direction\n(a) a public disorder declaration is in force; and\n(b) under section 135D, a member directs the person to do or not\nto do something; and\n(c) the person fails to comply with the direction.\nMaximum penalty: 8 penalty units.\nsubsection (1) if the person has a reasonable excuse.\n\nPolice Administration Act 1978 118\n","sortOrder":189},{"sectionNumber":"135F","sectionType":"section","heading":"Extension of duration of public disorder declaration","content":"135F Extension of duration of public disorder declaration\n(1) Before a public disorder declaration expires, the Commissioner may\nmake a written recommendation to the Minister that the duration of\nthe declaration be extended.\n(2) If the Minister receives a recommendation from the Commissioner\nunder subsection (1), the Minister may, before the public disorder\ndeclaration expires, extend the duration of the declaration if the\nMinister believes on reasonable grounds that:\n(a) public disorder is still occurring, or there is an imminent risk of\npublic disorder occurring or recurring, in the declared area;\nand\n(b) the use of the powers set out in this Division is required to\nprevent, stop or reduce the public disorder.\n(3) An extension under subsection (2):\n(a) must be in writing; and\n(b) subject to subsection (4), must state the duration of the\nextension.\n(4) The duration of the extension:\n(a) cannot be for any longer than the period that the Minister\nbelieves on reasonable grounds is necessary to prevent, stop\nor reduce the public disorder; and\n(b) in any event, must not exceed a period of 7 days from the day\nand time at which the public disorder declaration would\notherwise expire.\nExample for subsection (4)(b)\nA public disorder declaration that is due to expire at 9.00 am on a Tuesday may\nbe extended until no later than 9.00 am on the following Tuesday.\n(5) An extension of the duration of a public disorder declaration must\nbe published in the Gazette as soon as reasonably practicable after\nit is made.\n(6) The duration of a public disorder declaration cannot be extended\nmore than once.\n\nPolice Administration Act 1978 119\n","sortOrder":190},{"sectionNumber":"135G","sectionType":"section","heading":"Revocation of public disorder declaration","content":"135G Revocation of public disorder declaration\n(1) The Commissioner may revoke a public disorder declaration at any\ntime, whether or not the duration of the declaration has been\nextended under section 135F.\n(2) A revocation must be made in writing or, if it is not reasonably\npracticable in the circumstances for it to be made in writing, may be\nmade orally.\n(3) A revocation takes effect immediately on being made.\n(4) A written revocation must be published in the Gazette as soon as\nreasonably practicable after it is made.\n(5) If a revocation is made orally, as soon as reasonably practicable\nafter it is made, it must be confirmed in writing and the written\nconfirmation must be published in the Gazette.\n","sortOrder":191},{"sectionNumber":"135H","sectionType":"section","heading":"Report to Ombudsman","content":"135H Report to Ombudsman\n(1) The Commissioner must give the Ombudsman a report in relation\nto each public disorder declaration.\n(2) The report must include:\n(a) a copy of the public disorder declaration; and\n(b) if the duration of the declaration was extended – a copy of the\nextension; and\n(c) the following information:\n(i) the number of persons taken into custody for an offence\nagainst section 135E;\n(ii) the number of infringement notices issued in relation to\nan offence against section 135E;\n(iii) the number of charges laid in relation to an offence\nagainst section 135E.\n(3) The report must be given to the Ombudsman within 3 months after\nthe expiry or revocation of the public disorder declaration.\n","sortOrder":192},{"sectionNumber":"135J","sectionType":"section","heading":"Review of operation of Division","content":"135J Review of operation of Division\n(1) The Ombudsman must, as soon as practicable 12 months after the\ncommencement of this Division:\n(a) conduct a review of the operation of this Division; and\n\nPolice Administration Act 1978 120\n(b) prepare a report of the Ombudsman's findings; and\n(c) give the report to the Minister.\n(2) In conducting the review, the Ombudsman must consider the\n(a) the grounds for making any public disorder declarations;\n(b) the exercise by members of the powers conferred by\nsection 135D;\n(c) whether those powers have been exercised appropriately;\n(d) whether any amendments should be made to this Division;\n(e) any other matters that the Ombudsman considers relevant.\n(3) The Ombudsman may request from the Commissioner any\ninformation that the Ombudsman reasonably requires to conduct\nthe review.\n(4) Subject to subsection (5), the Commissioner must give the\nOmbudsman any information that the Ombudsman requests as\nsoon as reasonably practicable after the request is made.\n(5) The Commissioner may refuse to give information to the\nOmbudsman if the Commissioner believes on reasonable grounds\nthat giving the information could:\n(a) prejudice the investigation of a contravention, or possible\ncontravention, of a law in force in the Territory; or\n(b) prejudice any proceedings in a court or tribunal; or\n(c) enable the existence or identity of a confidential source of\ninformation in relation to the enforcement or administration of\na law to be ascertained; or\n(d) endanger a person's life or physical safety; or\n(e) prejudice the effectiveness of a lawful method or procedure for\npreventing, detecting, investigating or dealing with a\ncontravention, or possible contravention, of a law in force in\nthe Territory.\n(6) The Commissioner must give the Ombudsman written reasons for\nrefusing to give any or all of the requested information.\n(7) This section has effect despite the operation of any other law of the\nTerritory that prohibits or restricts the disclosure of information.\n\nPolice Administration Act 1978 121\n","sortOrder":193},{"sectionNumber":"135K","sectionType":"section","heading":"Tabling of review report","content":"135K Tabling of review report\nThe Minister must table a copy of a report received under\nsection 135J in the Legislative Assembly within 6 sitting days after\nthe Minister receives the report.\n","sortOrder":194},{"sectionNumber":"135L","sectionType":"section","heading":"Interaction with other Acts","content":"135L Interaction with other Acts\nWhile a public disorder declaration is in force, this Division prevails\nto the extent of any inconsistency with another Act.\n","sortOrder":195},{"sectionNumber":"135M","sectionType":"section","heading":"Implied freedom of political communication","content":"135M Implied freedom of political communication\n(1) This Division does not apply to the extent (if any) that it would\ninfringe any constitutional doctrine of implied freedom of political\ncommunication.\n(2) Subsection (1) does not limit the application of section 59 of the\nInterpretation Act 1978 to this Division.\n","sortOrder":196},{"sectionNumber":"Div 6","sectionType":"division","heading":"Bringing detained person before court and","content":"Division 6 Bringing detained person before court and\nobtaining evidence after taking into custody\n","sortOrder":197},{"sectionNumber":"136","sectionType":"section","heading":"Application","content":"136 Application\nNothing in this Division applies to or in relation to a person held in\ncustody under Division 4.\n","sortOrder":198},{"sectionNumber":"137","sectionType":"section","heading":"Time for bringing person before court generally","content":"137 Time for bringing person before court generally\n(1) Without limiting the operation of section 123, but subject to\nsubsections (2) and (3) of this section, a person taken into lawful\ncustody under this or any other Act shall (subject to that Act where\ntaken into custody under another Act) be brought before a court of\ncompetent jurisdiction as soon as is practicable after being taken\ninto custody, unless he or she is sooner granted bail under the Bail\nAct 1982 or is released from custody.\nSection 49E(8) of the Evidence Act 1939 provides that a requirement that a\nperson be before a court is taken to be satisfied if the person is before the court\nby way of a communication link in accordance with Part 5, Division 2 of that Act.\n\nPolice Administration Act 1978 122\n(2) Despite any other law in force in the Territory (including the\ncommon law), but subject to subsections (3) and (4), a member of\nthe Police Force may, for a reasonable period, continue to hold a\nperson the member has taken into lawful custody in custody to\nenable:\n(a) the person to be questioned; or\n(b) investigations to be carried out;\nto obtain evidence of or in relation to an offence that the member\nbelieves on reasonable grounds involves the person, whether or\nnot:\n(c) it is the offence in respect of which the person was taken into\ncustody; or\n(d) the offence was committed in the Territory;\nand the person must not be granted bail under Part 3 or section 33\nof the Bail Act 1982 while so detained, whether or not the person\nhas been charged with an offence.\n(3) A member of the Police Force may continue to hold a person under\nsubsection (2) for the purposes of enabling the person to be\nquestioned or investigations to be carried out to obtain evidence of\nor in relation to:\n(a) the offence in respect of which the person was taken into\ncustody, only if it is an offence the maximum penalty for which,\nin the jurisdiction in which it is believed to have been\ncommitted, is imprisonment for any period; or\n(b) an offence that is not the offence in respect of which the\nperson was taken into custody, only if it is an offence the\nmaximum penalty for which, in the jurisdiction in which it is\nbelieved to have been committed, is imprisonment for 5 years\nor more.\n(4) If the person taken into custody is a youth within the meaning of the\nYouth Justice Act 2005:\n(a) every 4 hours for a period of up to 24 hours a member of the\nPolice Force holding the rank of Senior Sergeant or a higher\nrank must review and record the necessity of holding the\nyouth for the purposes of enabling the youth to be questioned\nor investigations to be carried out; and\n\nPolice Administration Act 1978 123\n(b) before the expiry of the 24 hour period, the member may:\n(i) apply to a Local Court Judge to hold the youth for an\nadditional period of up to 4 hours; and\n(ii) make subsequent applications to a Local Court Judge\nfor the holding of the youth for each 4 hour period.\n(5) Any action taken under this section is not unlawful only because of\na failure to comply with subsection (4).\n","sortOrder":199},{"sectionNumber":"138","sectionType":"section","heading":"Determining reasonable period to hold person in custody","content":"138 Determining reasonable period to hold person in custody\nIn determining what is a reasonable period for the purposes of\nsection 137(2), but without limiting the discretion of the court, the\ncourt considering the question must, so far as it is relevant, take\ninto account:\n(a) the time taken for investigators with knowledge of or\nresponsibility for the matter to attend to interview the person;\n(b) the number and complexity of matters to be investigated;\n(c) the time taken to interview available witnesses;\n(d) the need of investigators to assess relevant material in\npreparation for interviewing the person;\n(e) the need to transport the person from the place of detention to\na place where appropriate facilities were available to conduct\nan interview or other investigation;\n(f) the number of people who need to be questioned during the\nperiod of detention in respect of any offence reasonably\nbelieved to have been committed by the person;\n(g) the need to visit the place where any offence under\ninvestigation is believed to have been committed or any other\nplace reasonably connected with the investigation of any such\noffence;\n(h) the time taken to communicate with a legal adviser, friend or\nrelative of the detained person;\n(j) the time taken by a legal adviser, friend or relative of the\nperson or an interpreter to arrive at the place where the\nquestioning or the investigation took place;\n(k) the time taken in awaiting the completion of forensic\ninvestigations or procedures;\n\nPolice Administration Act 1978 124\n(m) the time during which the investigation or questioning of the\nperson was suspended or delayed to allow the person to\nreceive medical attention;\n(n) the time taken by any examination of the person in pursuance\nof section 145;\n(p) the time the person in custody has been in the company of\npolice prior to and after the commencement of custody;\n(q) the time during which the investigation or questioning of the\nperson was suspended or delayed:\n(i) to allow the person to rest; or\n(ii) because of the intoxication of the person;\n(r) the time taken to arrange and conduct an identification\nparade;\n(s) the time taken for an operating electronic recording facility to\nbecome available to record the interviewing of the person; and\n(t) any interruptions to the electronic recording of the interviewing\nof the person because of technical reasons (such as a\nbreakdown in equipment or a power failure) beyond the\ncontrol of the interviewing member.\n","sortOrder":200},{"sectionNumber":"138A","sectionType":"section","heading":"Time for holding intoxicated person before charging and","content":"138A Time for holding intoxicated person before charging and\nbringing before court\n(1) This section applies in relation to a person under arrest, despite\nsection 137(1) and any provision of the Bail Act 1982 to the\ncontrary, if:\n(a) a member of the Police Force has reasonable grounds to\nbelieve the person is intoxicated; and\n(b) section 137(2) does not apply in relation to the person.\n(2) The person may be held in lawful custody without being charged\nwith an offence only for as long as it reasonably appears to the\nmember that the person remains intoxicated.\n(3) The member must charge the person with an offence and bring the\nperson before a court (unless already granted bail under the Bail\nA/ct 1982) as soon as practicable after it reasonably appears to the\nmember that the person is no longer intoxicated.\n\nPolice Administration Act 1978 125\n(4) In this section, intoxicated has the same meaning as in\nsection 127A.\n","sortOrder":201},{"sectionNumber":"138B","sectionType":"section","heading":"Assistance from correctional officers","content":"138B Assistance from correctional officers\n(1) A correctional officer may assist a member in the exercise of\npowers or performance of functions under this Division.\n(2) For the purpose of providing that assistance, the correctional officer\nmay exercise the powers of a member.\ncorrectional officer, see section 4 of the Correctional Services\nAct 2014.\n","sortOrder":202},{"sectionNumber":"139","sectionType":"section","heading":"Definition","content":"139 Definition\nelectronic recording includes a recording of sound and/or\npictures, by electronic means.\nrelevant offence, in relation to a confession or admission, means:\n(a) in the case of an admission or confession made on or after\n1 July 1992 and before 1 July 1993, an offence the maximum\npenalty for which is imprisonment for life or in excess of\n7 years;\n(b) in the case of an admission or confession made on or after\n1 July 1993 and before 1 July 1994, an offence the maximum\npenalty for which is imprisonment for life or for 7 years or\nmore;\n(c) in the case of an admission or confession made on or after\n1 July 1994, an offence the maximum penalty for which is\nimprisonment in excess of 2 years.\n","sortOrder":203},{"sectionNumber":"140","sectionType":"section","heading":"Person to be warned and given opportunity to inform friend or","content":"140 Person to be warned and given opportunity to inform friend or\nrelative of person's whereabouts\nBefore any questioning or investigation under section 137(2)\ncommences, the investigating member must inform the person in\ncustody that the person:\n(a) does not have to say anything but that anything the person\ndoes say or do may be given in evidence; and\n\nPolice Administration Act 1978 126\n(b) may communicate with or attempt to communicate with a\nfriend or relative to inform the friend or relative of the person's\nwhereabouts,\nand, unless the investigating member believes on reasonable\ngrounds that:\n(c) the communication would result in the escape of an\naccomplice or the fabrication or destruction of evidence; or\n(d) the questioning or investigation is so urgent, having regard to\nthe safety of other people, that it should not be delayed,\nthe investigating member must defer any questioning or\ninvestigation that involves the direct participation of the person for a\ntime that is reasonable in the circumstances and afford the person\nreasonable facilities to enable the person to make or attempt to\nmake the communication.\n","sortOrder":204},{"sectionNumber":"141","sectionType":"section","heading":"Warning and offer of facilities to communicate to be tape-","content":"141 Warning and offer of facilities to communicate to be tape-\nrecorded\nThe investigating member who is required by section 140 to give\nthe person in custody the information required by that section to be\ngiven shall, if practicable, electronically record the giving of the\ninformation and the person's responses, if any.\n","sortOrder":205},{"sectionNumber":"142","sectionType":"section","heading":"Electronic recording of confessions and admissions","content":"142 Electronic recording of confessions and admissions\n(1) Subject to section 143, evidence of a confession or admission\nmade to a member of the Police Force by a person suspected of\nhaving committed a relevant offence is not admissible as part of the\nprosecution case in proceedings for a relevant offence unless:\n(a) where the confession or admission was made before the\ncommencement of questioning, the substance of the\nconfession or admission was confirmed by the person and the\nconfirmation was electronically recorded; or\n(b) where the confession or admission was made during\nquestioning, the questioning and anything said by the person\nwas electronically recorded,\nand the electronic recording is available to be tendered in evidence.\n\nPolice Administration Act 1978 127\n(2) If the questioning of a person is electronically recorded as required\nby this section, or the giving of information is recorded as required\nunder section 141, the investigating member shall:\n(a) inform the person that the person is entitled to a copy of the\nelectronic recording on request; and\n(ab) if the recording is in digitised format, issue a certificate stating\nthat the recording has not been altered after being made and,\nif applicable, that the prescribed requirements in relation to the\nmethod of making the recording have been met; and\n(b) if the recording is an audio recording only or a video recording\nonly, cause the recording or a copy of it to be made available\nto the person or the person's legal representative, without\ncharge, within 7 days after request; and\n(c) if both an audio recording and a video recording were made,\ncause the audio recording or copy of it to be made available to\nthe person or the person's legal representative, without\ncharge, within 7 days after request and cause the person or\nthe person's legal representative to be notified that an\nopportunity will be provided, on request, for viewing the video\nrecording; and\n(d) if the transcript of the electronic recording is prepared by the\npolice, cause a copy of the transcript to be made available on\nrequest to the person or the person's legal representative,\nwithout charge, within 7 days after the request.\n(3) Except as provided in this section, nothing in this section prevents\nthe use of an electronic recording in proceedings for an offence\nagainst a law in force in the Territory.\n(4) An electronic recording in digitised format used in proceedings must\nbe accompanied by the certificate relating to the recording issued\nunder subsection (2)(ab).\n","sortOrder":206},{"sectionNumber":"143","sectionType":"section","heading":"Certain evidence may be admitted","content":"143 Certain evidence may be admitted\nA court may admit evidence to which this Division applies even if\nthe requirements of this Division have not been complied with, or\nthere is insufficient evidence of compliance with those\nrequirements, if, having regard to the nature of and the reasons for\nthe non-compliance or insufficiency of evidence and any other\nrelevant matters, the court is satisfied that, in the circumstances of\nthe case, admission of the evidence would not be contrary to the\ninterests of justice.\n\nPolice Administration Act 1978 128\n","sortOrder":207},{"sectionNumber":"144","sectionType":"section","heading":"Search of persons in lawful custody","content":"144 Search of persons in lawful custody\n(1) A member of the Police Force may search a person in lawful\ncustody, including the clothing the person is wearing and any\nproperty in the person's immediate possession, and may use the\nforce that is reasonably necessary to conduct the search.\n(2) A member may seize any restricted weapon or other article capable\nof being used to inflict injury on a person or assist an escape from\ncustody, or anything relating to an offence, found as a result of a\nsearch under subsection (1).\n(3) Subsection (1) does not authorise a member to require a person to\nremove any clothing that he is wearing unless the member has\nreasonable grounds for believing that the removal and examination\nand detention of such clothing may afford evidence of the\ncommission of an offence, and the person is provided with\nadequate clothing to replace the clothing removed.\n(4) Any search carried out pursuant to subsection (1) shall, wherever\npracticable, be carried out by a member of the same sex as the\nperson searched.\n(5) Nothing in this section shall be taken to prevent the search of the\nperson of a person, or of property under the control of a person and\nthe removal from that person of any property for safe keeping upon\nhis being admitted as an inmate of a lock-up, custodial correctional\nfacility (as defined in section 11(1)(a) of the Correctional Services\nAct 2014) or like place after being charged with an offence.\n","sortOrder":208},{"sectionNumber":"145","sectionType":"section","heading":"Intimate procedures","content":"145 Intimate procedures\n(1) A member of the Police Force may arrange for a medical\npractitioner or registered dentist to carry out an intimate procedure\non a person in lawful custody on a charge of an offence if the\nmember believes on reasonable grounds that the procedure may\nprovide evidence relating to the offence or any other offence\npunishable by imprisonment.\n(2) The intimate procedure may be carried out if:\n(a) the person consents in writing to it being carried out; or\n(b) a Local Court Judge approves it being carried out.\n\nPolice Administration Act 1978 129\n(3) The member of the Police Force may apply to a Local Court Judge\nfor the approval:\n(a) in person; or\n(b) if that is not practicable – by telephone.\n(4) The Local Court Judge may approve the intimate procedure being\ncarried out if, after hearing:\n(a) the member of the Police Force; and\n(b) the person to whom the application relates,\nhe or she is satisfied that the member has reasonable grounds for\nthe belief referred in subsection (1).\n(5) The approval is to be in writing and given to the member of the\n(6) The member of the Police Force may proceed under the approval\ndespite not having received it if he or she is informed of it by the\nLocal Court Judge by telephone.\n(7) A medical practitioner or registered dentist may carry out the\nintimate procedure in accordance with the approval given under\nsubsection (4).\n(8) A member of the Police Force:\n(a) may assist a medical practitioner or registered dentist to carry\nout the intimate procedure; and\n(b) may use reasonable force when assisting the medical\npractitioner or registered dentist.\n(9) Before arranging for the intimate procedure to be carried out, the\nmember of the Police Force must inquire whether the person\nwishes to have a medical practitioner or registered dentist of his or\nher own choice present when the procedure is carried out.\n(10) If the person wishes to have a medical practitioner or registered\ndentist present, the member of the Police Force must:\n(a) provide reasonable facilities to enable the person to arrange\nfor a medical practitioner or registered dentist to be present;\nand\n\nPolice Administration Act 1978 130\n(b) unless it would be impracticable to do so – arrange for the\nintimate procedure to be carried out at a time when the\nmedical practitioner or registered dentist can be present.\n(11) After the intimate procedure is carried out, the person must be\nprovided with a copy of the report of the medical practitioner or\nregistered dentist provided in respect of the procedure if the person\nrequests it.\n(12) No action or proceeding, civil or criminal, can be commenced\nagainst a medical practitioner or registered dentist in respect of\nanything reasonably done by him or her in carrying out an intimate\nprocedure under this section.\n(13) Nothing in this section prevents a medical practitioner or registered\ndentist from examining a person in lawful custody at the request of\nthe person or treating the person for an illness or injury.\n(14) In this section:\nregistered dentist means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\n","sortOrder":209},{"sectionNumber":"145A","sectionType":"section","heading":"Non-intimate procedures","content":"145A Non-intimate procedures\nrank of Senior Sergeant or a higher rank may approve the carrying\nout of a non-intimate procedure on a person:\n(a) whom the member reasonably suspects has committed an\nindictable offence; or\n(b) who is in lawful custody charged with an offence punishable\nby imprisonment.\n(2) A member of the Police Force may, in accordance with the\napproval, carry out the non-intimate procedure.\n(2A) If the non-intimate procedure is the taking of a sample by buccal\nswab, a member of the Police Force may direct the person to\nprovide the sample.\n(3) A person is not to be taken to have provided a sample unless the\nsample is sufficient to enable an analysis of it to be carried out.\n\nPolice Administration Act 1978 131\n(4) A member of the Police Force may use reasonable force when\nexercising his or her powers under this section.\n","sortOrder":210},{"sectionNumber":"145B","sectionType":"section","heading":"Voluntary non-intimate procedures","content":"145B Voluntary non-intimate procedures\nrank of Senior Sergeant or a higher rank may carry out or cause to\nbe carried out a non-intimate procedure on a person who consents\nto the non-intimate procedure being carried out.\n(2) The person's consent is to be in writing.\n","sortOrder":211},{"sectionNumber":"146","sectionType":"section","heading":"Certain non-intimate procedures on persons in custody","content":"146 Certain non-intimate procedures on persons in custody\nrank of Sergeant or a higher rank, or for the time being in charge of\na police station may, in respect of a person in lawful custody:\n(a) on a charge of an offence; or\n(b) in relation to a warrant issued in accordance with any law in\nforce in the Territory,\ncarry out or cause to be carried out an identifying non-intimate\n(2) In exercising his powers under subsection (1) a member of the\nPolice Force may, for that purpose, use such force and may call\nupon such assistance as may be necessary.\n(3) In this section, identifying non-intimate procedure means taking:\n(a) prints of the hands, fingers, feet or toes; or\n(b) photographs.\n","sortOrder":212},{"sectionNumber":"147","sectionType":"section","heading":"Databases","content":"147 Databases\n(1) The Commissioner may maintain databases of any information\nobtained from carrying out forensic procedures under this Act or\nany other Act.\n(2) Information may be recorded in the databases from forensic\nprocedures carried out before the commencement of this section.\n","sortOrder":213},{"sectionNumber":"147A","sectionType":"section","heading":"Exchange of information in databases","content":"147A Exchange of information in databases\nThe Minister or the Commissioner may enter into an arrangement\nwith the Commissioner of Police or other appropriate authority of a\ncorresponding jurisdiction providing for the exchange of information\nrecorded in a database maintained under this Act and a database\n\nPolice Administration Act 1978 132\nmaintained under a forensic law of the corresponding jurisdiction.\n","sortOrder":214},{"sectionNumber":"147B","sectionType":"section","heading":"Access to and use of information stored in database","content":"147B Access to and use of information stored in database\n(1) A person may have access to or use information stored in a\ndatabase maintained under this Act only for the following purposes:\n(a) investigating an offence;\n(b) proceedings for an offence;\n(c) giving the information to the person to whom the information\nrelates;\n(d) administering the database;\n(e) investigating a reportable death or disaster within the meaning\nof the Coroners Act 1993;\n(f) locating a missing person;\n(g) identifying a deceased person or the remains of a deceased\nperson;\n(h) an arrangement entered into under section 147A.\n(2) However, if a non-intimate procedure is carried out in accordance\nwith a person's consent under section 145B for investigating an\noffence, the information obtained from the procedure:\n(a) must not be used for investigating another offence other than\na relevant offence; and\n(b) is inadmissible as evidence in any proceeding other than a\nproceeding for the offence or a relevant offence.\nrelevant offence means an offence that is punishable by a term of\nimprisonment of 14 years or more.\n","sortOrder":215},{"sectionNumber":"147C","sectionType":"section","heading":"Retaining and analysing samples","content":"147C Retaining and analysing samples\n(1) The Commissioner may retain a sample for the period that he or\nshe thinks fit.\n(2) A sample may be subjected to any analysis that the Commissioner\nthinks fit and any information obtained may be recorded in the\ndatabases maintained under this Act.\n\nPolice Administration Act 1978 133\n(3) However, a DNA analysis of the sample must be a type or method\nof DNA analysis prescribed by the Regulations.\n(4) In this section:\nsample means anything obtained from carrying out a forensic\n","sortOrder":216},{"sectionNumber":"147D","sectionType":"section","heading":"Powers under Division are additional to any others","content":"147D Powers under Division are additional to any others\nThe powers given by this Division are in addition to and do not take\naway from any other powers that members of the Police Force have\nunder any other law in force in the Territory.\n","sortOrder":217},{"sectionNumber":"147E","sectionType":"section","heading":"Arrangements with corresponding jurisdictions for registration","content":"147E Arrangements with corresponding jurisdictions for registration\nof forensic orders\n(1) The Minister may enter into an arrangement with the responsible\nMinister of a corresponding jurisdiction providing for:\n(a) the registration by the Commissioner of orders authorising the\ncarrying out of forensic procedures made under a forensic law\nof the responsible Minister's jurisdiction (forensic procedure\norders); or\n(b) the registration under that forensic law of forensic procedure\napprovals.\n(2) If the Minister enters into an arrangement under subsection (1), the\nproper authority of the corresponding jurisdiction may apply to the\nCommissioner for the registration, or the cancellation of registration,\nof a forensic procedure order.\n(3) The application must be accompanied by a copy of the forensic\nprocedure order certified by the person who made the order.\n(4) If a forensic procedure order is registered by the Commissioner, the\nforensic procedure authorised by the order may be carried out in\nthe Territory in accordance with:\n(a) for an intimate procedure:\n(i) on an adult – section 145; or\n(ii) on a youth – section 30 of the Youth Justice Act 2005; or\n(b) for a non-intimate procedure:\n(i) on an adult – section 145A; or\n(ii) on a youth – section 31 of the Youth Justice Act 2005.\n\nPolice Administration Act 1978 134\n(5) The forensic procedure may be carried out in the Territory as if an\napproval were given under the section mentioned in\nsubsection (4)(a) or (b) for the procedure.\nadult means a person who has attained the age of 18 years.\nyouth has the same meaning as in the Youth Justice Act 2005.\n","sortOrder":218},{"sectionNumber":"147F","sectionType":"section","heading":"Forensic material from corresponding jurisdictions","content":"147F Forensic material from corresponding jurisdictions\n(1) Forensic material lawfully obtained (whether before or after the\ncommencement of this section) under a forensic law of a\ncorresponding jurisdiction may be kept, accessed and used in the\nTerritory under this Division.\n(2) Subsection (1) applies even if the material was obtained:\n(a) in circumstances in which this Division would not authorise the\nmaterial to be obtained; or\n(b) in accordance with requirements that are less stringent than,\nor are otherwise substantively different to, the requirements\napplying under this Division.\nforensic material means anything obtained from carrying out a\nforensic procedure, and includes the information obtained from an\nanalysis of the thing.\n147FA Interpretation\n(1) In this Division:\naffected member means a member in relation to whom there are\ngrounds for disease testing.\nchild means a person who is under the age of 18 years.\ncourt means the Local Court.\ndisease test approval means an approval under Subdivision 2 for\nthe taking and testing of a blood sample from a transferor.\n\nPolice Administration Act 1978 135\ndisease test authorisation means a disease test approval or a\ndisease test order.\ndisease test order means an order of the court under\n","sortOrder":219},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"authorising the taking and testing of a blood sample","content":"Subdivision 3 authorising the taking and testing of a blood sample\nfrom a transferor, and includes a variation of the order under\nsection 147FK(3).\ngrounds for disease testing, see section 147FB(5).\nincapable person means a person who is not a child and who:\n(a) for any reason is unable to give consent to being tested for an\ninfectious disease; or\n(b) is deceased, unconscious, or otherwise unable:\n(i) to understand a request to give consent to being tested\nfor an infectious disease; or\n(ii) to communicate whether or not the person consents to\nbeing tested for an infectious disease.\ninfectious disease means any of the following:\n(a) Human Immunodeficiency Virus (HIV) infection;\n(b) Hepatitis B;\n(c) Hepatitis C;\n(d) another disease prescribed by regulation capable of being\ntransmitted by the transfer of a substance.\nnurse means a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing and midwifery\nprofession as a nurse (other than as a student).\nprotected person means:\n(a) a child; or\n(b) an incapable person.\nqualified person means a person who has been trained to take\nsamples of blood from persons by a registered training organisation\n(as defined in section 3 of the National Vocational Education and\nTraining Regulator Act 2011 (Cth)).\nsenior member means a member of or above the rank of\nsuperintendent.\n\nPolice Administration Act 1978 136\nsubstance means blood, saliva or faeces.\ntransfer of a substance means the transfer of a substance from a\nperson into broken skin, or a mucous membrane, of a member.\ntransferor, where there are grounds for disease testing, means the\nperson from whom it is suspected the substance was transferred.\n(2) In this Division, a person is a responsible person for a transferor\nin the following circumstances:\n(a) if the transferor is a child – the person is any of the following:\n(i) a parent of the child;\n(ii) a guardian of the child;\n(iii) another adult person who has responsibility for the\nday-to-day care of the child;\n(iv) if no person mentioned in subparagraph (i) to (iii) is\navailable – a person, or a person in a class of persons,\nprescribed by regulation;\n(b) if the transferor is an incapable person other than a deceased\nperson – the person is any of the following:\n(i) an adult relative of the incapable person;\n(ii) a person who is a guardian of the incapable person\nunder the Guardianship of Adults Act 2016;\n(iii) a person who is a donee of an enduring power of\nattorney created by instrument under the Powers of\nAttorney Act 1980 and is authorised to perform functions\nin relation to the incapable person in the circumstances\nin which this Act applies;\n(iv) a person who is a decision maker for the incapable\nperson under the Advance Personal Planning Act 2013\nand is authorised to perform functions in relation to the\nincapable person in the circumstances in which this Act\napplies;\n(v) a person who is a carer (as defined in section 4 of the\nCarers Recognition Act 2006) in relation to the incapable\nperson;\n\nPolice Administration Act 1978 137\n(vi) if no person mentioned in subparagraph (i) to (v) is\navailable – a person, or a person in a class of persons,\nprescribed by regulation;\n(c) if the transferor is a deceased person – the person has lawful\ncustody of the transferor's body.\n147FB Application for disease test approval\n(1) An affected member may apply to a senior member for a disease\ntest approval in relation to a transferor if:\n(a) there are grounds for disease testing; and\n(b) the transferor is not a protected person; and\n(c) the senior member is not involved in the investigation of any\nsuspected offence to which the proposed disease test\napproval relates.\n(2) The application must:\n(a) if practicable be in writing; and\n(b) state the full name of, and other relevant details in relation to,\nthe applicant; and\n(c) state the full name and address of the transferor, if known;\nand\n(d) state the grounds for suspecting that there has been a transfer\nof a substance from the transferor to the affected member;\nand\n(e) include any other information that is prescribed by regulation\nfor this subsection.\n(3) If it is not practicable to make the application in writing, the\napplicant must, as soon as practicable after the application is made,\nmake a written record of it, including all the information required\nunder subsection (2).\n(4) If the transferor is being detained under section 147FC, the\napplication must be made:\n(a) as soon as practicable after the transferor's apprehension;\nand\n\nPolice Administration Act 1978 138\n(b) in a manner that ensures the determination of the application\nas soon as practicable after that apprehension.\n(5) In this section:\ngrounds for disease testing, in relation to a transferor, means\ngrounds for suspecting that there has been a transfer of a\nsubstance from the transferor to a member as a result of:\n(a) an assault by the transferor against the member; or\n(b) the lawful apprehension or detention of the transferor by the\n(c) another circumstance prescribed by regulation and involving\nthe transferor and the member.\n147FC Detention of transferor\nA member may apprehend and detain the transferor for as long as\nis reasonably necessary to enable the determination of the\napplication.\n147FD Disease test approval\n(1) A senior member may grant a disease test approval:\n(a) after having considered an application made under\nsection 147FB, if satisfied that:\n(i) there are grounds for disease testing; and\n(ii) the transferor is not a protected person; or\n(b) even if the affected member has not made an application\nunder section 147FB if, in addition to being satisfied of the\nmatters mentioned in paragraph (a)(i) and (ii), the senior\n(i) has knowledge of the circumstances that gave rise to the\ngrounds for disease testing; and\n(ii) is satisfied that it was not feasible for the affected\nmember to apply for the approval within a reasonable\ntime after those grounds arose.\n(2) The disease test approval may be granted subject to any conditions\nthat the senior member considers appropriate and specifies in the\napproval.\n\nPolice Administration Act 1978 139\n(3) A disease test approval may be:\n(a) granted orally, whether in person or by radio, telephone or any\nother available means of communication; or\n(b) granted in writing, containing the particulars in the form\napproved by the Commissioner, which must include a\nstatement of the effect of the approval.\n(4) The senior member must, as soon as practicable after granting an\napproval orally, make a record in writing of the particulars\nmentioned in subsection (3)(b) relating to the approval.\n147FE Service of copy of disease test approval\n(1) A copy of the disease test approval must be served personally on\nthe transferor.\n(2) The copy of the disease test approval must contain an explanation,\nin a form approved by the Commissioner:\n(a) of the purpose and effect of the approval; and\n(b) that force may be used to enforce the approval; and\n(c) that failure to comply with a requirement mentioned in\nsection 147FF(e) is an offence.\n(3) A disease test approval does not take effect until a copy of it is\nserved in accordance with this section.\n147FF Effect of disease test approval\nA disease test approval relating to a transferor:\n(a) authorises a blood sample to be taken from the transferor in\naccordance with the approval; and\n(b) authorises a member to apprehend the transferor and detain\nthe transferor for as long as is reasonably necessary to enable\nthe taking of a sample of the transferor's blood; and\n(c) authorises, for paragraph (b), a member to enter any place\nwhere the member suspects on reasonable grounds that the\ntransferor might be located; and\n(d) authorises a member to take the transferor to a place that the\nmember considers has appropriate facilities for taking the\nblood sample; and\n\nPolice Administration Act 1978 140\n(e) authorises a member to require the transferor to submit to the\ntaking of the blood sample in accordance with the approval;\nand\n(f) authorises a medical practitioner, nurse or qualified person to\ntake a blood sample from the transferor; and\n(g) authorises the blood sample to be tested for an infectious\ndisease.\n147FG Failure to comply with requirement under disease test\napproval\n(1) A transferor commits an offence if the transferor:\n(a) is required by a member, as mentioned in section 147FF(e), to\nsubmit to the taking of a blood sample in accordance with a\ndisease test approval; and\n(b) fails to comply with the requirement.\nMaximum penalty: 100 penalty units.\nsubsection (1) if the defendant has a reasonable excuse.\n147FH Application for disease test order\nThe following persons may apply to the court for a disease test\norder in relation to a transferor:\n(a) an affected member, if:\n(i) there are grounds for disease testing; and\n(ii) the transferor is a protected person;\n(b) a senior member if, in addition to being satisfied of the matters\nmentioned in paragraph (a)(i) and (ii), the senior member:\n(i) has knowledge of the circumstances that gave rise to the\ngrounds for disease testing; and\n(ii) is satisfied that it was not feasible for the affected\nmember to apply for the order within a reasonable time\nafter those grounds arose.\n\nPolice Administration Act 1978 141\n147FI Service of copy of application\nThe applicant must serve a copy of the application personally on a\nthird party for the transferor.\n147FJ Hearing of application\n(1) The court:\n(a) must hear and decide the application with as little delay as\npossible and in the absence of the public; and\n(b) may, in extraordinary circumstances, adjourn the application\n(but for no more than 24 hours) to allow further evidence to be\nput before the court; and\n(c) must ensure that the transferor and the third party are given\nthe opportunity to be represented by a lawyer at the hearing;\nand\n(d) may appoint another responsible person to be the third party\nfor the transferor if satisfied that the third party on whom the\napplication was served is not available to attend the hearing or\notherwise act as third party under this Division.\n(2) An affected member cannot be compelled to give evidence at the\nhearing.\n147FK Disease test order\n(1) The court may make a disease test order in relation to the\ntransferor if the court is satisfied that:\n(a) there are grounds for disease testing; and\n(b) in the circumstances, a blood sample should be taken from\nthe transferor.\n(2) The disease test order may be made subject to any conditions that\nthe court considers appropriate and specifies in the order.\n(3) The court may, by further order, vary or revoke a disease test order.\n147FL Explanation of disease test order\n(1) A court making a disease test order must ensure that the transferor\nand the third party are informed of the following:\n(a) the transferor's right under section 147FP to appeal to the\nSupreme Court against the disease test order;\n\nPolice Administration Act 1978 142\n(b) that the transferor has a right to obtain legal advice and to\ncommunicate with a lawyer;\n(c) about the purpose and effect of the order;\n(d) that force may be used to enforce the order;\n(e) that failure to comply with the order is an offence.\n(2) The court must take all reasonable steps to ensure that the\nexplanation provided to the transferor is expressed in a language\nand manner that the transferor is likely to understand.\n(3) A failure by the court to comply with this section does not invalidate\nthe disease test order.\n147FM Service of copy of disease test order\n(1) A copy of a disease test order must be served personally on the\nthird party for the transferor.\n(2) A disease test order does not take effect until a copy of it is served\nin accordance with this section.\n147FN Effect of disease test order\nA disease test order relating to a transferor:\n(a) authorises a blood sample to be taken from the transferor in\naccordance with the order; and\n(b) requires the third party for the transferor to take all reasonable\nsteps to enable the taking of the blood sample in accordance\nwith the order; and\n(c) authorises a member to apprehend the transferor and detain\nthe transferor for as long as is reasonably necessary to enable\nthe taking of a sample of the transferor's blood; and\n(d) authorises, for paragraph (c), a member to enter any place\nwhere the member suspects on reasonable grounds that the\ntransferor might be located; and\n(e) authorises a member to take the transferor to a place that the\nmember considers has appropriate facilities for taking the\nblood sample; and\n(f) authorises a member to require the transferor to submit to the\ntaking of the blood sample in accordance with the order; and\n\nPolice Administration Act 1978 143\n(g) authorises a medical practitioner, nurse or qualified person to\ntake a blood sample from the transferor; and\n(h) authorises the blood sample to be tested for an infectious\ndisease.\n147FO Failure to comply with disease test order\n(a) the person is the third party for a transferor; and\n(b) a disease test order is made for the transferor; and\n(c) the person fails to take all reasonable steps to enable the\ntaking of the blood sample in accordance with the order.\nMaximum penalty: 100 penalty units.\nsubsection (1) if the defendant has a reasonable excuse.\n147FP Appeal against disease test order on behalf of transferor\n(1) The third party for a transferor in relation to whom a disease test\norder has been made may, on behalf of the transferor, appeal to the\nSupreme Court against the order.\n(2) Unless the Supreme Court otherwise orders, the appeal:\n(a) must be filed without delay; and\n(b) does not stay the operation of the disease test order.\n(3) The Supreme Court cannot order a stay of a disease test order of\nmore than 48 hours from the time the disease test order is made.\n(4) The Supreme Court must hear and decide the appeal:\n(a) (unless it is impossible to do so) within 48 hours after the\ndisease test order is made; and\n(b) in the absence of the public; and\n(c) (unless it is impossible to do so) without adjourning the\nappeal.\n(5) The Supreme Court may allow or dismiss the appeal.\n\nPolice Administration Act 1978 144\n147FQ Appeal against disease test order by affected member\n(1) If a court decides not to make a disease test order under\nsection 147FK, the following persons may appeal to the Supreme\nCourt against the decision:\n(a) an affected member named in the application for the order;\n(b) a senior member if the senior member is satisfied that it is not\nfeasible for the affected member to file the appeal without\ndelay.\n(2) Unless the Supreme Court otherwise orders, the appeal must be\nfiled without delay.\n(3) The Supreme Court must hear and decide the appeal:\n(a) (unless it is impossible to do so) within 48 hours after the\ndecision not to make a disease test order; and\n(b) in the absence of the public; and\n(c) (unless it is impossible to do so) without adjourning the\nappeal.\n(4) The Supreme Court may allow or dismiss the appeal.\n147FR Taking blood sample under disease test authorisation\n(1) A member executing a disease test authorisation in relation to a\ntransferor may ask a medical practitioner, nurse or qualified person\nto take a blood sample from the transferor.\n(2) When asking the medical practitioner, nurse or qualified person to\ntake the blood sample, the member must produce a copy of the\ndisease test authorisation for inspection by the medical practitioner,\nnurse or qualified person.\n(3) Subject to subsection (4), the medical practitioner, nurse or\nqualified person must take a blood sample from the transferor in\naccordance with the disease test authorisation.\n\nPolice Administration Act 1978 145\n(4) A medical practitioner, nurse or qualified person is not required to\ntake a blood sample as authorised in the disease test authorisation,\nuntil the practitioner, nurse or qualified person is satisfied that:\n(a) there is no serious risk that serious harm would be caused to\nthe transferor, or another person, by the taking of the sample;\nand\n(b) the health of the transferor would not be adversely affected by\nthe taking of the sample.\n(5) If assistance is needed for taking a blood sample, the medical\npractitioner, nurse or qualified person may ask another person to\ngive assistance that is necessary and reasonable.\n(6) The medical practitioner, nurse or qualified person, and a person\nassisting the medical practitioner, nurse or qualified person, may\nuse the force that is reasonably necessary for taking the blood\nsample.\n(7) The medical practitioner, nurse or qualified person must, as soon\nas practicable after taking the sample, send the sample to a\npathology laboratory with appropriate facilities for testing the\nsample for infectious diseases.\n147FS Analysis of blood sample\n(1) A person who works in the pathology laboratory and who receives a\nblood sample sent under section 147FR(7) must conduct an\nanalysis of the sample, or arrange for another person to conduct an\nanalysis, without delay after receiving the sample.\n(2) The person who conducts the analysis may destroy the sample, or\npart of the sample:\n(a) before it has been used for the analysis or a further analysis, if\nit is not required for any analysis or further analysis; or\n(b) after it has been used for the analysis or a further analysis, if it\nis not required for any further analysis.\n147FT No payment for taking or testing blood\nA person who takes a blood sample under a disease test\nauthorisation cannot require any of the following persons to make\nany payment (whether in money or money's worth) for, or in relation\nto, the taking or testing of a blood sample under a disease test\nauthorisation:\n(a) the transferor;\n\nPolice Administration Act 1978 146\n(b) if the transferor is a protected person – a responsible person,\nwhether or not the responsible person was a third party to the\napplication for the authorisation;\n(c) if the transferor is a deceased person – the person who has\nlawful possession of the transferor's estate.\n147FU Restriction on disclosure of results of analysis\n(1) Section 155(1) does not apply to a disclosure of the results of an\nanalysis of a blood sample under this Subdivision by a person who\nconducted the analysis, if the disclosure is to one or more of the\n(a) an affected member in relation to the analysis;\n(b) the transferor;\n(c) if the transferor is a protected person – a responsible person\nfor the protected person;\n(d) if the transferor is a deceased person – the senior next of kin\nof the transferor;\n(e) a medical practitioner, nurse or other health professional\ninvolved in treating, or providing care for, an affected member\nor the transferor;\n(f) a psychiatrist, psychologist or social worker providing\ncounselling for an affected member or the transferor;\n(g) a person, or a person in a class of persons, prescribed by\nregulation for this section.\n(2) Section 155(1) does not apply to a person mentioned in\nsubsection (1) who discloses information (the secondary\ndisclosure) disclosed to the person under this section:\n(a) if the secondary disclosure is to another person mentioned in\nsubsection (1); or\n(b) if the person is an affected member – if the secondary\ndisclosure is not a public disclosure to the media made in a\nway that would reveal the identity of the transferor; or\n(c) if the person is a transferor – if the secondary disclosure is not\na public disclosure to the media made in a way that would\nreveal the identity of an affected member.\n\nPolice Administration Act 1978 147\nsenior next of kin, see section 3 of the Coroners Act 1993.\n147FV Prohibition on use of blood sample for other purpose\nA person commits an offence if:\n(a) the person intentionally uses a blood sample for a purpose;\nand\n(b) the blood sample was taken under this Part and the person is\nreckless in relation to that circumstance; and\n(c) the purpose is other than analysis under this Part and the\nperson is reckless in relation to that circumstance.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n","sortOrder":220},{"sectionNumber":"147G","sectionType":"section","heading":"Definitions","content":"147G Definitions\ncrime scene means a place established as a crime scene under\nsection 147J.\ncrime scene powers means powers conferred by section 147N.\ninvestigations includes any type of examination, analysis or\nprocess associated with the investigation of a relevant offence at a\ncrime scene.\nrelevant offence means:\n(a) an offence punishable by a term of imprisonment of 6 months\nor more; or\n(b) in relation to an act or omission that occurs outside the\nTerritory and is not an offence against a law of the Territory –\nan act or omission that if done or omitted to be done in the\nTerritory would constitute an offence punishable by a term of\nimprisonment of 6 months or more.\nresponsible member, for a crime scene, means:\n(a) the member of the Police Force who establishes the crime\nscene; or\n\nPolice Administration Act 1978 148\n(b) if another member assumes control of the crime scene after it\nis established – that member.\nsenior member means a member of the Police Force of or above\nthe rank of Superintendent.\n","sortOrder":221},{"sectionNumber":"147H","sectionType":"section","heading":"Application of Division","content":"147H Application of Division\n(1) This Division applies in relation to any place (including a public\nplace and private premises) despite any other law in force in the\nTerritory, including the common law.\n(2) This Division does not require a member of the Police Force to\nobtain a search warrant in relation to a place before establishing it\nas a crime scene or exercising crime scene powers at the place.\n(3) However, this Division does not prevent a member of the Police\nForce from applying for a search warrant, or exercising any other\npower, under this Act at or in relation to a place (including a crime\nscene), and does not affect the exercise of the power.\n","sortOrder":222},{"sectionNumber":"147J","sectionType":"section","heading":"Authority to enter place and establish crime scene","content":"147J Authority to enter place and establish crime scene\n(1) If a member of the Police Force suspects on reasonable grounds\nthat a relevant offence has been, is being, or is about to be,\ncommitted at a place, the member may:\n(a) enter and take control of the place and anything at the place;\nand\n(b) remain at the place to establish and maintain a crime scene if\nthe member is satisfied it is reasonably necessary to do so to\npreserve, or search for and gather, evidence of the\ncommission of a relevant offence; and\n(c) exercise crime scene powers at the place.\n(2) A member may enter any other place if it is necessary to do so to\ngain entry to a place mentioned in subsection (1).\n(3) To establish a crime scene, a member must, whenever practicable:\n(a) identify what is the crime scene; and\n(b) decide the boundaries necessary to protect the crime scene;\nand\n(c) mark the boundaries in a way that sufficiently identifies the\ncrime scene to the public.\n\nPolice Administration Act 1978 149\n(4) A member who establishes a crime scene must comply with this\nDivision and any of the following that relate to crime scenes:\n(a) general orders;\n(b) orders, instructions or guidelines published in the Police\n(5) As soon as reasonably practicable after a member has established\na crime scene, the member must notify a senior member of its\nestablishment.\n","sortOrder":223},{"sectionNumber":"147K","sectionType":"section","heading":"Restricting access to crime scene","content":"147K Restricting access to crime scene\n(1) After establishing a crime scene, the responsible member must\nimmediately take the steps the member considers reasonably\nnecessary to protect anything at the crime scene from being\ndamaged, interfered with or destroyed.\n(2) A person (other than the responsible member) must not enter a\ncrime scene unless:\n(a) the person has a special reason, associated with the\ninvestigations at the crime scene, for entering; or\n(b) the person is a member who is asked to enter the crime scene\nby the responsible member or another member; or\n(c) the person is assisting the responsible member at the crime\nscene; or\n(d) the presence of the person is necessary to preserve life or\nproperty at the crime scene; or\n(e) the person is authorised to enter by the responsible member.\n","sortOrder":224},{"sectionNumber":"147L","sectionType":"section","heading":"Preserving evidence at crime scene","content":"147L Preserving evidence at crime scene\nThe responsible member for a crime scene must ensure that\nnothing at the crime scene is unnecessarily touched or moved.\n","sortOrder":225},{"sectionNumber":"147M","sectionType":"section","heading":"Period for maintaining crime scene","content":"147M Period for maintaining crime scene\n(1) The responsible member for a crime scene may maintain the crime\nscene for a reasonable period to enable necessary investigations to\nbe conducted.\n\nPolice Administration Act 1978 150\n(2) In deciding what is a reasonable period for maintaining a crime\nscene, the responsible member must take into account the\nfollowing matters:\n(a) the complexity of the relevant offence being investigated;\n(b) the size of the crime scene;\n(c) the availability of investigators or examiners with the\nappropriate knowledge to conduct investigations;\n(d) any matter relevant to the exercise of crime scene powers.\n","sortOrder":226},{"sectionNumber":"147N","sectionType":"section","heading":"Crime scene powers","content":"147N Crime scene powers\n(1) During the period a crime scene is maintained, the responsible\nmember has the power to do any of the following:\n(a) direct a person to leave the crime scene or remove a thing or\nanimal from the crime scene;\n(b) remove from the crime scene:\n(i) a person who fails to comply with a direction to leave the\ncrime scene; or\n(ii) a thing or animal that a person fails to remove from the\ncrime scene;\n(c) direct a person not to enter the crime scene;\n(d) prevent a person from entering the crime scene;\n(e) prevent a person from removing a thing from or otherwise\ninterfering with the crime scene or anything at the crime scene\nand, for that purpose, stop, detain and search the person;\n(f) remove or direct the removal of an obstruction from the crime\n(g) conduct necessary investigations, including by searching the\ncrime scene and inspecting anything at the crime scene to\nobtain evidence of the commission of a relevant offence;\n(h) seize and detain all or part of a thing that might provide\nevidence of the commission of a relevant offence;\n(i) open anything at the crime scene that is locked;\n(j) take electricity, gas or any other utility for use at the crime\n\nPolice Administration Act 1978 151\n(k) direct the occupier, or a person apparently involved in the\nmanagement or control, of the place where the crime scene is\nlocated to maintain a continuous supply of electricity at the\ncrime scene;\n(l) photograph or otherwise record the crime scene and anything\nat the crime scene;\n(m) dig up anything at the crime scene;\n(n) remove walls, ceilings or floors of a building at the crime\n(o) dismantle anything in or at the crime scene;\n(p) exercise any other power that:\n(i) it is reasonably necessary to exercise; or\n(ii) is reasonably incidental to a power conferred by this\nsubsection.\n(2) The power conferred by subsection (1)(h) to seize and detain a\nthing at the crime scene includes the power:\n(a) to remove the thing from the crime scene; and\n(b) to guard the thing at the crime scene.\n(3) Crime scene powers may also be exercised by other members of\nthe Police Force and other persons assisting the responsible\nmember at the crime scene.\n(4) A member or person assisting the responsible member at the crime\nscene is subject to the directions of the responsible member.\n","sortOrder":227},{"sectionNumber":"148","sectionType":"section","heading":"Commissioner may close public places","content":"148 Commissioner may close public places\n(1) Where 12 or more persons take part in an assembly at a public\nplace and conduct themselves in a manner that results in unlawful\nphysical violence to any person or unlawful damage to property, the\nCommissioner of Police may direct, either orally or in writing, that\nthe place or any part thereof be closed and be kept closed to the\npublic for such period of time specified in the direction as the\nCommissioner considers to be necessary to prevent the\ncontinuation of such conduct at that place.\n\nPolice Administration Act 1978 152\n(2) Where a person conducts himself in a manner that creates an\nimmediate and substantial risk of unlawful physical violence\nresulting to himself or any other person, the Commissioner of Police\nmay direct, either orally or in writing, that a public place be closed\nand be kept closed to the public for such period of time specified in\nthe direction as the Commissioner considers to be necessary to\nprevent the infliction of unlawful physical violence on that person or\non any other person.\n(3) If any person is at any public place that has been closed in\npursuance of subsection (1) or (2) and is advised by a member of\nthe Police Force that the place has been so closed, that person\nshall forthwith leave that place upon being requested to do so by\nthe member, and it is an offence for the person to refuse or fail to\ncomply with the request.\nPart VIIA Protection from liability of members, Territory's\nvicarious liability and legal proceedings for\ndamages for certain torts by members\n","sortOrder":228},{"sectionNumber":"148A","sectionType":"section","heading":"Part applies to duties of member as public official","content":"148A Part applies to duties of member as public official\n(1) For this Part, an act done or omission made, or purported to have\nbeen done or made, by a member in the capacity of a public official\nunder an Act or regulations (the authorising law) is taken to have\nbeen done or omitted to be done by the member in the performance\nor purported performance of duties as a member.\n(2) For subsection (1), a public official is a person appointed or\nauthorised under the authorising law to perform inspection,\ninvestigation or other enforcement functions under that law for the\nTerritory, an Agency or another Territory authority.\nExamples of a public official for subsection (2)\n1 A Fisheries Officer within the meaning of the Fisheries Act 1988.\n2 An inspector within the meaning of the Meat Industries Act 1997.\n3 An authorised officer within the meaning of the Tobacco Control Act 2002.\n(3) This Part applies despite a provision of the authorising law\nproviding for the protection from civil liability of a member\n(regardless of whether it also provides for protection from criminal\nliability) for an act done or omitted to be done in the exercise or\n\nDivision 3 Legal proceedings for damages for torts by members\nPolice Administration Act 1978 153\npurported exercise of a power, or the performance or purported\nperformance of a function, under the law.\nDivision 2 Protection from liability and vicarious liability of\nthe Territory\n","sortOrder":229},{"sectionNumber":"148B","sectionType":"section","heading":"Protection from liability","content":"148B Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nDivision 3 Legal proceedings for damages for torts by\n","sortOrder":230},{"sectionNumber":"148D","sectionType":"section","heading":"Definition","content":"148D Definition\npolice tort claim means a claim for damages, including damages\nin the nature of punitive damages, for a tort allegedly committed by\na member in the performance or purported performance of duties\nas a member, whether or not committed jointly or severally with\nanother person.\n","sortOrder":231},{"sectionNumber":"148E","sectionType":"section","heading":"Application of Division","content":"148E Application of Division\n(1) For this Division, a tort is committed or allegedly committed by a\nmember if the tort is committed or allegedly committed by a person\nwho was a member at the time of the tort or alleged tort.\n(2) A reference in this Division to a claim against a member for a tort or\nalleged tort includes a reference to a claim against a person who\nwas a member at the time of the tort or alleged tort but who has\nceased to be a member since that time.\n\nDivision 3 Legal proceedings for damages for torts by members\nPolice Administration Act 1978 154\n","sortOrder":232},{"sectionNumber":"148F","sectionType":"section","heading":"How police tort claim is made","content":"148F How police tort claim is made\n(1) Except as provided in this Division, a person cannot in any legal\nproceeding make a police tort claim against a member but may\ninstead make the claim against the Territory.\n(2) A person who makes a police tort claim against the Territory in any\nlegal proceeding may join the member who allegedly committed the\ntort as a party to the proceeding only if:\n(a) the Territory denies it would be vicariously liable for the\nalleged tort if it were established the member had committed\nthe tort; or\n(b) the court grants leave for the claim to include a claim for\ndamages in the nature of punitive damages.\n(3) However, subsection (2)(a) does not require the Territory to deny it\nwould be vicariously liable for the alleged tort if it were established\nthe member had committed the tort merely because the police tort\nclaim includes a claim for damages in the nature of punitive\ndamages.\n(4) If a person seeks to join a member under subsection (2) as a party\nto a legal proceeding:\n(a) the person is not required to file a new originating process but\nmay instead amend the existing originating process;\n(b) the court must make the orders it considers appropriate to\nenable the existing originating process to be amended; and\n(c) section 162 does not prevent the making of a claim in the\namended originating process for damages against the\nmember for the alleged tort if the amendment is made within\n2 months after the Territory denies it would be vicariously\nliable for the alleged tort if it were established the member had\ncommitted the tort.\n(5) If the court grants leave for the claim to include a claim for damages\nin the nature of punitive damages, the existing originating process\nmust be amended within 2 months after the date the court grants\nthe leave.\n\nPolice Administration Act 1978 155\n","sortOrder":233},{"sectionNumber":"148G","sectionType":"section","heading":"Part does not affect certain claims and proceedings","content":"148G Part does not affect certain claims and proceedings\n(1) This Division does not:\n(a) make the Territory vicariously liable for a tort committed by a\nmember if it would not otherwise be vicariously liable for the\ntort;\n(b) prevent the Territory from bringing a legal proceeding against,\nor claiming damages or a contribution or indemnity in any\nlegal proceeding from, a member for a tort committed by the\n(c) prevent the Territory from joining a member in a legal\nproceeding claiming damages for a tort committed by the\n(d) prevent a person from bringing a legal proceeding, or claiming\ndamages in any legal proceeding, against another person who\nis not a member but who is jointly or severally liable for a tort\ncommitted by a member;\n(e) prevent a person from making a police tort claim against a\nmember in any legal proceeding brought against the person\nby the member; or\n(f) prevent a person from bringing a legal proceeding, or claiming\ndamages in a legal proceeding, against a member for a tort\ncommitted by the member other than in the performance or\npurported performance of duties as a member.\n(2) However, in a legal proceeding mentioned in subsection (1)(b)\nor (c), the amount of damages, contribution or indemnity the court\nmay order is the amount found by the court to be just and equitable\nin the circumstances.\n","sortOrder":234},{"sectionNumber":"149","sectionType":"section","heading":"Delivery of property","content":"149 Delivery of property\n(1) A person who ceases to be a member of the Police Force shall not\nrefuse to deliver up to the Commissioner, or to such person, and at\nsuch time and place, as the Commissioner directs, all property\nwhich has been supplied to him for the execution of his duty, or\nwhich is in his custody by virtue of his having been a member.\n\nPolice Administration Act 1978 156\n(2) A justice of the peace may issue a warrant to search for and seize\nall property not delivered up as required by subsection (1),\nwherever the same may be found.\n","sortOrder":235},{"sectionNumber":"152","sectionType":"section","heading":"Deserting post","content":"152 Deserting post\nA member shall not desert his post.\n","sortOrder":236},{"sectionNumber":"153","sectionType":"section","heading":"Assault on member","content":"153 Assault on member\nA member shall not assault another member:\n(a) who holds or who is performing or exercising the functions or\nduties of a rank superior to the first-mentioned member; or\n(b) of the same rank under whose control, direction or supervision\nthe first-mentioned member is performing his duties.\n","sortOrder":237},{"sectionNumber":"154","sectionType":"section","heading":"False representation","content":"154 False representation\n(1) A person shall not knowingly make a false representation in\nconnection with an application for appointment to the Police Force.\n(2) A prosecution under this section shall only be brought with the\nwritten consent of the Commissioner and upon the finding of guilt of\na person of an offence under subsection (1), the Commissioner\nmay terminate the appointment, if any, of the person so found\nguilty.\n(3) A prosecution under this section must be commenced within\n6 months after the Commissioner first becomes aware that the false\nrepresentation has been made.\n","sortOrder":238},{"sectionNumber":"155","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"155 Unauthorised disclosure of confidential information\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person intentionally engages in conduct; and\n\nPolice Administration Act 1978 157\n(c) the conduct results in the disclosure of the information and the\nperson is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":239},{"sectionNumber":"156","sectionType":"section","heading":"Personation","content":"156 Personation\nAny person shall not without lawful excuse, personate a member of\nthe Police Force.\n","sortOrder":240},{"sectionNumber":"157","sectionType":"section","heading":"Offering bribes","content":"157 Offering bribes\nA person shall not directly or indirectly:\n(a) offer or give any bribe or reward to;\n(b) enter into any agreement with; or\n(c) seek any undertaking from,\na member of the Police Force for the purpose of that member\nforgoing any of the duties of that member.\n\nPolice Administration Act 1978 158\n","sortOrder":241},{"sectionNumber":"157A","sectionType":"section","heading":"Disarming member","content":"157A Disarming member\n(a) a member is acting in the course of the member's duties and\nthe person is reckless in relation to that circumstance; and\n(b) the member is armed with a firearm or ECD and the person\nhas knowledge of that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the member losing possession of the\nfirearm or ECD and the person intends that result.\nMaximum penalty: Imprisonment for 6 years.\n(2) In subsection (1):\nECD means an electro-muscular control device designed to emit an\nelectric current into a human body for the purposes of physical\nincapacitation.\n","sortOrder":242},{"sectionNumber":"158","sectionType":"section","heading":"Resisting member","content":"158 Resisting member\nA person shall not resist a member in the execution of his duty or\naid or incite any other person to resist a member in the course of\nhis duty.\n","sortOrder":243},{"sectionNumber":"159","sectionType":"section","heading":"Hindering member","content":"159 Hindering member\n(1) A person shall not hinder or obstruct a member in the execution of\nhis duty or aid or abet any other person to hinder or obstruct a\nmember in the execution of his duty.\n(2) A person who hinders or obstructs a police dog or police horse\nbeing used by a member in the execution of the member's duty is\ntaken to hinder or obstruct the member.\n\nPolice Administration Act 1978 159\n","sortOrder":244},{"sectionNumber":"159A","sectionType":"section","heading":"Killing or injuring police dogs or police horses","content":"159A Killing or injuring police dogs or police horses\n(1) A person must not intentionally kill or injure a police dog or police\nhorse:\n(a) knowing that the dog or horse is being used by a member of\nthe Police Force in the execution of the member's duty; or\n(b) as a consequence of, or in retaliation for, the use of the dog or\nhorse by a member of the Police Force while in the execution\nof the member's duty.\nMaximum penalty: 215 penalty units or imprisonment for\n5 years.\n(2) A court that finds a person guilty of an offence against\nsubsection (1) may, in addition to any penalty that may be imposed,\norder the person to pay to the Commissioner a reasonable amount\nfor:\n(a) the treatment, care, rehabilitation and retraining of the police\ndog or police horse concerned; or\n(b) if it is necessary to replace the police dog or police horse –\nbuying and training its replacement.\n","sortOrder":245},{"sectionNumber":"160","sectionType":"section","heading":"Unlawfully aiding or securing release from custody","content":"160 Unlawfully aiding or securing release from custody\nA person shall not aid any unlawful act which:\n(a) results in the release of any person from lawful custody; or\n(b) is done in preparation for securing the release of any person\nfrom lawful custody.\n","sortOrder":246},{"sectionNumber":"160A","sectionType":"section","heading":"Investigations regarding matters under Parts IV or V","content":"160A Investigations regarding matters under Parts IV or V\nNothing in Part IV or V shall prevent the Commissioner or a\nprescribed member from conducting or causing to be conducted\nsuch investigations as he otherwise has the power to conduct or\nrequire to be conducted to establish a belief referred to in those\nParts or shall prevent anything found as the result of such an\ninvestigation from being used in any investigation or inquiry under\nthis Act or in criminal proceedings before a court.\n\nPolice Administration Act 1978 160\n","sortOrder":247},{"sectionNumber":"161","sectionType":"section","heading":"Actions against members","content":"161 Actions against members\n(1) Where any action is brought against a member of the Police Force\nfor any act done by that member in accordance with the terms of a\nwarrant issued by a Local Court Judge or justice of the peace, such\nmember shall not be responsible for:\n(a) any irregularity in the issue of such a warrant; or\n(b) want of jurisdiction in the Local Court Judge or justice of the\npeace who issued the warrant in respect of which the action is\nbrought.\n(2) Where, in any action of a kind referred to in subsection (1), a\n(a) produces the warrant to which the action relates;\n(b) proves that the signature which appears on the warrant and\nwhich purports to be that of a Local Court Judge or justice of\nthe peace, is the handwriting of a person whose name\nappears subscribed on the warrant as a Local Court Judge or\njustice of the peace;\n(c) proves that the person referred to in paragraph (b) is reputed\nto be and acts as a Local Court Judge or justice of the peace,\npossessing jurisdiction to issue the warrant to which the action\nrelates; and\n(d) proves that the acts complained of were done in obedience to\nsuch warrant,\na verdict shall be found in favour of the member who shall be\nentitled to recover the cost of the suit as determined by the court\nbefore whom the action was brought.\n","sortOrder":248},{"sectionNumber":"162","sectionType":"section","heading":"Actions and prosecutions to be commenced within 2 months","content":"162 Actions and prosecutions to be commenced within 2 months\n(1) Subject to section 148F(4)(c), an action against the Territory under\nPart VIIA or a prosecution against a member for an offence against\nthis Act must be commenced within 2 months after the act or\nomission complained of was committed, and not otherwise.\n(2) In any such action the defendant may plead the general issue, and\ngive this Act and the special matter in evidence, at any trial to be\nhad thereon.\n(3) No plaintiff shall succeed in any such action if tender of sufficient\namends has been made before the action is brought, or if a\nsufficient sum of money has been paid into court after action is\n\nPolice Administration Act 1978 161\nbrought by or on behalf of the defendant, together with the costs\nincurred up to that time.\n(4) Where, in any such action:\n(a) a verdict is given for the defendant;\n(b) the plaintiff becomes non-suited or discontinues any such\naction after issue is joined; or\n(c) judgment is given against the plaintiff,\nthe defendant shall recover his full costs as between solicitor and\nclient, and have the like remedy for the same as any defendant has\nby law in other cases.\n(5) Notwithstanding that a verdict has been given for the plaintiff in any\nsuch action, the plaintiff shall not have costs against the defendant\nunless the Supreme Court Judge before whom the trial takes place\ncertifies his approbation of the action and the verdict obtained\nthereon.\n(6) An action under Part IV in relation to a breach of discipline by a\nmember shall be commenced within 6 months after the act or\nomission constituting the alleged breach of discipline was\ndiscovered, or such longer period as the Commissioner or a Local\nCourt Judge allows under subsection (9).\n(7) At any time before the end of the 6 month period, application may\nbe made for an extension of the time to commence an action under\nPart IV in relation to a breach of discipline by a member.\n(7A) The application must:\n(a) be made by a member of or above the rank of Commander;\nand\n(b) be made to:\n(i) if the extension of time sought is not more than\n12 months – the Commissioner; or\n(ii) otherwise – a Local Court Judge.\n(7B) Also, the Ombudsman may make the application to the\nCommissioner if:\n(a) the alleged breach of discipline arises out of an investigation\nor police complaints resolution process under the\nOmbudsman Act 2009; and\n\nPolice Administration Act 1978 162\n(b) the extension of time sought is not more than 12 months.\n(8) An application under subsection (7) may be made in the absence of\nthe member and evidence in support of the application may be\ngiven orally or by affidavit.\n(9) The Commissioner or a Local Court Judge to whom an application\nis made under subsection (7) may, after considering the evidence in\nsupport of the application and the submissions presented by the\napplicant, extend or refuse to extend the time to commence an\naction under Part IV.\n(10) In determining whether to extend the time to commence an action\nunder Part IV, the Commissioner or Local Court Judge must have\nregard to:\n(a) the complexity of the investigation to determine whether the\nmember should be charged with a breach of discipline;\n(b) any unforeseen delays that may have occurred during the\ninvestigation; and\n(c) any delays in the investigation caused by the member.\n","sortOrder":249},{"sectionNumber":"164","sectionType":"section","heading":"Certificate of appointment","content":"164 Certificate of appointment\n(1) The Commissioner may issue to a member a certificate under his\nhand certifying that, on a specified date, the member was appointed\nto be:\n(a) a member of the Police Force; or\n(b) a Special Constable; or\n(c) an Aboriginal Community Police officer; or\n(d) a Police auxiliary; or\n(e) a Police Public Safety officer.\n(2) The production, in any proceedings, of the certificate of the kind\nreferred to in subsection (1) is prima facie evidence of the facts\nstated in the certificate and unless the contrary is proved, a\ndocument purporting to be such a certificate shall be deemed to be\nsuch a certificate and shall be deemed to have been duly issued.\n\nPolice Administration Act 1978 163\n","sortOrder":250},{"sectionNumber":"165","sectionType":"section","heading":"Police Gazette","content":"165 Police Gazette\n(1) The Commissioner may authorise the publication of a document to\nbe known as the Police Gazette containing such orders,\ninstructions, determinations, directions, notices and other things:\n(a) as are required to be published in it by this Act or by the\nregulations; or\n(b) as the Commissioner thinks fit.\n(2) No person, other than a member of the Police Force shall, without\nreasonable cause, knowingly:\n(a) have in his possession a copy of the Police Gazette; or\n(b) reproduce in any manner the whole or a part of a Police\nMaximum penalty: 1.7 penalty units.\n(3) No liability, civil or criminal, shall attach to the Crown, the\nCommissioner or any person acting under the direction of the\nCommissioner, for anything contained in the Police Gazette.\n","sortOrder":251},{"sectionNumber":"166","sectionType":"section","heading":"Sale or other disposal of items","content":"166 Sale or other disposal of items\n(1) This section applies in relation to an item that has lawfully come\ninto the possession of a member in the course of the member's\nduties.\n(2) Subject to section 112 of the Classification of Publications, Films\nand Computer Games Act 1985, the item may be sold by public\nauction, or otherwise disposed of as directed by the Commissioner,\nif:\n(a) the item is not claimed by a person who has a legal right to the\nitem within 3 months; and\n(b) a notice of intention to sell or otherwise dispose of the item\nhas been published on the Agency's website or in another\nmanner as directed by the Commissioner.\n(3) Despite subsection (2), if, in the opinion of a member, the item is of\na perishable nature, the Commissioner may authorise the sale or\nother disposal of the item at any time and without notice.\n(4) A sale or other disposal under this section is valid against all\npersons.\n\nPolice Administration Act 1978 164\n166AA Medical examinations\n(1) Where the Commissioner proposes to promote or transfer under\nthis Act a member, the Commissioner:\n(a) in the case of:\n(i) a proposed promotion – shall; or\n(ii) a proposed transfer – may,\nby notice in writing served on the member, request that\nmember to undergo a medical examination, at a time and\nplace specified in the notice, for the purpose of ascertaining\nthe medical fitness of that member to discharge the duties\nattaching to the position to which it is proposed to promote or\ntransfer that member.\n(2) A member the subject of a request under subsection (1) shall, at\nthe time and place specified in the request, undergo the medical\nexamination specified in that request.\n(3) Where a medical examination referred to in subsection (1)(a) of a\nmember shows that he does not have the medical fitness to\ndischarge the duties attaching to the position to which it is proposed\nto promote or transfer him, the Commissioner may, for that reason,\nrefuse to so promote or transfer that member.\n(4) For the purposes of this section, medical fitness, in relation to a\nmember, includes the mental health of the member.\n","sortOrder":252},{"sectionNumber":"166A","sectionType":"section","heading":"Service Medal","content":"166A Service Medal\n(1) The Administrator may award a medal, to be known as the Police\nService Medal, to a member who, subject to this section, has\ncompleted 10 years continuous meritorious service as a member.\n(2) A member is taken to have completed 10 years continuous service\nwhether or not the member was seconded to a prescribed entity for\nall or part of the 10 years of continuous service.\n(3) A member has not completed 10 years continuous service as a\nmember if, during that 10 year period, the member was granted a\nperiod of unpaid leave by the Commissioner, except for\nsecondment to a prescribed entity.\n(4) However, if a member was granted unpaid leave (other than for\nsecondment to a prescribed entity) but completes 2 or more periods\nof service totalling 10 years, the member is taken to have\ncompleted 10 years continuous service.\n\nPolice Administration Act 1978 165\n(5) Also, the Commissioner may determine that periods of service\ntotalling 10 years may be counted as continuous in relation to a\nmember if, during the period that included the 10 years, all of the\nfollowing happened:\n(a) the member resigned under section 20;\n(b) within 2 years after the date of resignation – the member\napplied for re-appointment as a member;\n(c) the member was subsequently re-appointed as a member.\n(6) The Police Service Medal must be in a form, and with attachments,\nas the Administrator thinks fit.\n(7) In this section:\nprescribed entity means any of the following:\n(a) a police force established by an Act of the Commonwealth, a\nState or another Territory;\n(b) the Northern Territory Police Association Incorporated;\n(c) the Australian Crime Commission established under the\nAustralian Crime Commission Establishment Act 2002 (Clth)\nor any of its predecessors, including, for example, the National\nCrime Commission;\n(d) another entity prescribed by regulation.\n","sortOrder":253},{"sectionNumber":"166B","sectionType":"section","heading":"Members engaging in business","content":"166B Members engaging in business\n(1) Except with the written approval of the Commissioner, a member of\nthe Police Force shall not, whether within or outside the Territory,\nengage in any remunerative employment, occupation or business\noutside the Police Force.\n(2) Subsection (1) does not prevent a member of the Police Force from\nbecoming a member or shareholder of a corporation or an\nincorporated association but, except as provided by subsection (3),\na member of the Police Force shall not take any part in the conduct\nof the business of the corporation or association otherwise than in\nthe exercise of his rights as a member or shareholder of the\ncorporation or association.\n(3) A member of the Police Force may, with the written approval of the\nCommissioner, act as a director of a co-operative society that is\nregistered under the law of a State or Territory of the\nCommonwealth and which does not enter into contracts for the\n\nPolice Administration Act 1978 166\nsupply of goods or services to the Commonwealth or the Territory.\n(4) The Commissioner may, at any time, withdraw an approval given\n","sortOrder":254},{"sectionNumber":"167","sectionType":"section","heading":"Regulations","content":"167 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters that are required or permitted by this Act\nto be prescribed or are necessary or convenient to be prescribed\nfor giving effect to this Act.\n(2) Without limiting the generality of subsection (1), the regulations may\nmake provision for or with respect to:\n(a) the method of notifying the establishment and strength of the\nPolice Force to members;\n(c) the duties of members;\n(d) the powers and obligations of members carrying out or in\nrelation to an investigation arranged in pursuance of\nsection 81(3) or an inquiry under section 84B, and the\nprocedures of such an investigation or inquiry;\n(e) examinations for qualification for promotion;\n(f) the promotion of members;\n(g) prescribing the manner in which and the grounds on which\nappeals may be made to the Police Appeal Board;\n(ga) services which may be provided by the Police Force and for\nwhich fees may be charged;\n(gb) fees for services prescribed under paragraph (ga) and the\nrecovery of those fees;\n(h) the general government, management and discipline of the\nPolice Force; and\n(j) prescribing the powers of a prescribed member for the\npurposes of section 81(2)(d)(ii).\n\nPolice Administration Act 1978 167\n","sortOrder":255},{"sectionNumber":"Div 1","sectionType":"division","heading":"Police Administration Amendment (Powers and","content":"Division 1 Police Administration Amendment (Powers and\nLiability) Act 2005\n","sortOrder":256},{"sectionNumber":"168","sectionType":"section","heading":"Territory's vicarious liability","content":"168 Territory's vicarious liability\n(1) Part VIIA applies to a tort committed, or allegedly committed, by a\nmember before the commencement of that Part.\n(2) However, Part VIIA does not apply if a legal proceeding for the tort\nor alleged tort was started before the commencement of that Part.\nDivision 2 Police Administration Amendment (Service Medal)\nAct 2010\n","sortOrder":257},{"sectionNumber":"169","sectionType":"section","heading":"Application of section 166A to matters before commencement","content":"169 Application of section 166A to matters before commencement\nFor determining 10 years continuous service under section 166A in\nrelation to a member, any of the following that happened before the\ncommencement of this section may be taken into account:\n(a) the appointment of, and service by, the member;\n(b) after the member's appointment – the member's secondment\nto a prescribed entity within the meaning of section 166A;\n(c) any of the following:\n(i) the member's resignation;\n(ii) the member's resignation and application for\nre-appointment;\n(ii) the member's resignation, application for re-appointment\nand subsequent re-appointment;\n(d) any period of unpaid leave taken by the member.\n","sortOrder":258},{"sectionNumber":"170","sectionType":"section","heading":"Apprehension before commencement date","content":"170 Apprehension before commencement date\n(1) In calculating the number of occasions on which a person has been\napprehended and taken into custody for section 128A(1)(d), any\noccasions on which the person has been apprehended and taken\ninto custody before the commencement date are to be excluded.\n\nDivision 6 Police Legislation Further Amendment Act 2023\nPolice Administration Act 1978 168\n(2) In this section:\ncommencement date means the day on which section 128A\ncommences.\nDivision 4 Police Administration Amendment Act 2014\n","sortOrder":259},{"sectionNumber":"171","sectionType":"section","heading":"Application of section 79A to breach of discipline","content":"171 Application of section 79A to breach of discipline\nSection 79A, as inserted by the Police Administration Amendment\nAct 2014 (the amending Act), applies to an alleged breach of\ndiscipline as mentioned in section 76, whether or not the breach is\nalleged to have been committed prior to the commencement of the\namending Act.\nDivision 5 Justice and Other Legislation Amendment\n(Australian Crime Commission) Act 2017\n","sortOrder":260},{"sectionNumber":"172","sectionType":"section","heading":"Arrangement in relation to database information","content":"172 Arrangement in relation to database information\n(1) This section applies to an arrangement entered into under\nsection 147A by the Minister or the Commissioner with CrimTrac\nbefore 1 July 2016 that is in effect immediately before 1 July 2016.\n(2) The arrangement is taken, on and from 1 July 2016, to be an\narrangement entered into under that section by the Minister or the\nCommissioner with the Australian Crime Commission.\nCrimTrac means the CrimTrac Agency established under\nsection 65 of the Public Service Act 1999 (Cth).\nDivision 6 Police Legislation Further Amendment Act 2023\n","sortOrder":261},{"sectionNumber":"173","sectionType":"section","heading":"Offences committed before commencement of section 116KB","content":"173 Offences committed before commencement of section 116KB\nA reference in section 116KB to an offence includes a reference to\nan offence that was committed before the commencement of Part 2\nof the Police Legislation Further Amendment Act 2023.\n\nPolice Administration Act 1978 169\n","sortOrder":262},{"sectionNumber":"Div 7","sectionType":"division","heading":"Police Legislation Amendment (Powers,","content":"Division 7 Police Legislation Amendment (Powers,\nAppointments and Other Matters) Act 2023\n","sortOrder":263},{"sectionNumber":"174","sectionType":"section","heading":"Application of section 166 to items in possession before","content":"174 Application of section 166 to items in possession before\ncommencement\n(1) This section applies in relation to an item if, before the\ncommencement, the item:\n(a) lawfully came into the possession of a member in the course\nof the member's duties; and\n(b) was not claimed, sold or otherwise disposed of under\nsection 166.\n(2) The item may be dealt with in accordance with section 166 as in\nforce after the commencement.\ncommencement means the commencement of section 15 of the\nPolice Legislation Amendment (Powers, Appointments and Other\nMatters) Act 2023.\n","sortOrder":264},{"sectionNumber":"175","sectionType":"section","heading":"Handheld scanner authority in effect before commencement","content":"175 Handheld scanner authority in effect before commencement\n(1) This Act, as in force immediately before the commencement,\ncontinues to apply in relation to a handheld scanner authority\nissued under section 116KB that is in effect immediately before the\ncommencement.\n(2) In this section:\ncommencement means the commencement of Part 2 of the Police\nAdministration Amendment Act 2024.\n\nPolice Administration Act 1978 170\nsections 26 and 32\nFORM 1\nFORM OF OATH TO BE TAKEN BY MEMBERS\nI, ___________ [promise/ swear etc. as required by Oaths, Affidavits and\nDeclarations Act 2010] that I will well and truly serve [Sovereign's name], their\nHeirs and Successors as a member of the Northern Territory Police Force\nwithout fear or favour, affection or ill-will from this day and until I am legally\ndischarged from that Force; that I will see and cause the Sovereign's peace to\nbe kept and preserved, that I will prevent, to the best of my powers, all\noffences against the Sovereign's peace and against all laws in force in the\nNorthern Territory of Australia and that, while I remain a member of the\nNorthern Territory Police Force, I will, to the best of my skill and knowledge,\nfaithfully discharge all my duties according to law. [So help me God! or as\nappropriate]\nTaken and subscribed at\nthis day of\n20 .\nAdministered by me,\n\nPolice Administration Act 1978 171\nFORM 3\nsection 37A\nFORM OF OATH TO BE TAKEN BY MEMBER OF, OR DEPUTY OF\nMEMBER OF, POLICE ARBITRAL TRIBUNAL\nI,……………, [promise/swear etc. as required by Oaths, Affidavits and Declarations\nAct 2010] that I will bear true allegiance to [Sovereign's name], their Heirs and\nSuccessors according to law, that I will well and truly serve them while acting\nas a member of the Police Arbitral Tribunal and that I will faithfully and\nimpartially perform the duties of a member of the Police Arbitral Tribunal. [So\nhelp me God! or as appropriate]\n\nPolice Administration Act 1978 172\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPolice Administration Act 1978 (Act No. 18, 1979)\nAssent date 26 January 1979\nCommenced 1 August 1979 (s 2, s 2 Summary Offences Act 1978 (Act\nNo. 17, 1979) and Gaz G30, 26 July 1979, p 5)\nPolice Administration Act 1979 (Act No. 74, 1979)\nAssent date 28 June 1979\nCommenced 28 June 1979\nPolice Administration Act (No. 2) 1979 (Act No. 136, 1979)\nAssent date 7 November 1979\nCommenced 14 November 1980 (s 2, s 2 Classification of Publications\nAct 1979 (Act No. 135, 1979) and Gaz G45,\n7 November 1980, p 1)\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nPolice Administration Amendment Act 1981 (Act No. 27, 1981)\nAssent date 25 March 1981\nCommenced 25 March 1981\nStatute Law Revision Act (No. 4) 1981 (Act No. 4, 1982)\nAssent date 12 February 1982\nCommenced 12 February 1982\nPolice Administration Amendment Act 1982 (Act No. 64, 1982)\nAssent date 8 October 1982\nCommenced 29 June 1983 (s 2, s 2 Bail Act 1982 (Act No. 57, 1982) and\nGaz S19, 19 June 1983)\n\nPolice Administration Act 1978 173\nPolice Administration Amendment Act 1983 (Act No. 5, 1983)\nAssent date 27 April 1983\nCommenced 27 April 1983\nPolice Administration Amendment Act (No. 2) 1983 (Act No. 18, 1983)\nAssent date 24 June 1983\nCommenced 24 June 1983\nPolice Administration Amendment Act (No. 3) 1983 (Act No. 35, 1983)\nAssent date 3 October 1983\nCommenced 3 October 1983\nPolice Administration Amendment Act (No. 4) 1983 (Act No. 74, 1983)\nAssent date 28 November 1983\nCommenced 1 February 1984 (Gaz G4, 1 February 1984, p 8)\nStatute Law Revision Act 1984 (Act No. 28, 1984)\nAssent date 20 July 1984\nCommenced 20 July 1984\nPolice Administration Amendment Act 1985 (Act No. 12, 1985)\nAssent date 1 April 1985\nCommenced 19 June 1985 (Gaz G24, 19 June 1985, p 2)\nPolice Administration Amendment Act (No. 2) 1985 (Act No. 47, 1985)\nAssent date 26 September 1985\nCommenced 26 September 1985\nPolice Administration Amendment Act 1986 (Act No. 11, 1986)\nAssent date 19 May 1986\nCommenced 19 May 1986\nPolice Administration Amendment Act 1988 (Act No. 10, 1988)\nAssent date 30 March 1988\nCommenced 30 March 1988\nPolice Administration Amendment Act 1989 (Act No. 6, 1989)\nAssent date 28 March 1989\nCommenced 30 October 1989 (s 2, s 2 Justices Amendment Act 1989 (Act\nNo. 7, 1989) and Gaz S61, 27 October 1989)\nAmending Legislation\nPolice Administration (Subsequential Amendments) Act 1989 (Act No. 52, 1989)\nAssent date 20 September 1989\nCommenced 20 September 1989\nPolice Administration Amendment Act (No. 2) 1989 (Act No. 27, 1989)\nAssent date 15 June 1989\nCommenced 15 June 1989\nPolice Administration Amendment Act (No. 3) 1989 (Act No. 40, 1989)\nAssent date 20 September 1989\nCommenced 25 October 1989 (s 2, s 2 Criminal Code Amendment\nAct 1989 (Act No. 44, 1989) and Gaz G42, 25 October 1989,\np 4)\n\nPolice Administration Act 1978 174\nPolice Administration Amendment Act 1990 (Act No. 19, 1990)\nAssent date 12 April 1990\nCommenced 1 November 1990 (s 2, s 2 Misuse of Drugs Act 1990 (Act\nNo. 15, 1990) and Gaz G40, 10 October 1990, p 3)\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nPolice Administration Amendment Act 1991 (Act No. 67, 1991)\nAssent date 14 November 1991\nCommenced 14 November 1991\nDental (Consequential Amendments) Act 1991 (Act No. 75, 1991)\nAssent date 10 December 1991\nCommenced 31 January 1992 (Gaz S7, 31 January 1992)\nStatute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)\nAssent date 16 December 1991\nCommenced 16 December 1991\nPolice Administration Amendment Act 1992 (Act No. 16, 1992)\nAssent date 23 April 1992\nCommenced 10 June 1992 (s 2, s 2 Misuse of Drugs Act 1992 (Act No. 11,\n1992) and Gaz G23, 10 June 1992, p 3)\nPolice Administration Amendment Act (No. 2) 1992 (Act No. 36, 1992)\nAssent date 25 June 1992\nCommenced 15 July 1992 (Gaz G28, 15 September 1992, p 3)\nPolice Administration Amendment Act (No. 3) 1992 (Act No. 56, 1992)\nAssent date 24 September 1992\nCommenced 1 January 1993 (s 2, s 2 Firearms Amendment Act 1992 (Act\nNo. 54, 1992) and Gaz S66, 24 December 1992, p 3)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nPolice Administration Amendment Act 1993 (Act No. 38, 1993)\nAssent date 14 September 1993\nCommenced 1 January 1994 (s 2, s 2 Domestic Violence Act 1992 (Act\nNo. 67, 1992) and Gaz G51, 22 December 1993, p 3)\nPolice Administration Amendment Act (No. 2) 1993 (Act No. 69, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\n\nPolice Administration Act 1978 175\nPolice Administration Amendment Act 1994 (Act No. 20, 1994)\nAssent date 18 April 1994\nCommenced 1 December 1994 (Gaz S57, 1 December 1994)\nPolice Administration Amendment Act (No. 2) 1994 (Act No. 54, 1994)\nAssent date 22 September 1994\nCommenced 7 November 1994 (s 2, s 2 Misuse of Drugs Act 1994 (Act\nNo. 56, 1994) and Gaz G44, 2 November 1994, p 3)\nPolice Administration Amendment Act (No. 3) 1994 (Act No. 55, 1994)\nAssent date 22 September 1994\nCommenced 22 September 1994\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nPolice Administration Amendment Act 1996 (Act No. 21, 1996)\nAssent date 17 June 1996\nCommenced 14 August 1996 (s 2, s 2 Summary Offences Amendment Act\n(No. 2) 1996 (Act No. 22, 1996) and Gaz G32, 7 August 1986,\np 3)\nPolice Administration Amendment Act (No. 2) 1996 (Act No. 40, 1996)\nAssent date 17 September 1996\nCommenced 1 December 1996 (Gaz S37, 29 November 1996)\nPolice Administration Amendment Act 1997 (Act No. 30, 1997)\nAssent date 17 December 1997\nCommenced 17 December 1997\nPolice Administration Amendment Act 1998 (Act No. 34, 1998)\nAssent date 20 May 1998\nCommenced 21 May 1998 (s 2, s 2 Kava Management Act 1998 (Act\nNo. 33, 1998) and Gaz S17, 21 May 1998)\nPolice Administration Amendment Act (No. 2) 1998 (Act No. 87, 1998)\nAssent date 9 December 1998\nCommenced 15 February 1999 (Gaz S6, 15 February 1999)\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced ss 7 and 11: 13 January 1999 (Gaz G1, 13 January 1999,\np 6); ss 6 and 15: 10 March 1999 (Gaz G9, 10 March 1999,\np 2); s 3: 1 April 1999 (Gaz S15, 1 April 1999);\nrem: 11 December 1998\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\n\nPolice Administration Act 1978 176\nPolice Administration Amendment Act 2000 (Act No. 63, 2000)\nAssent date 14 November 2000\nCommenced 14 November 2000\nPolice Administration Amendment Act 2001 (Act No. 50, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (Gaz S44, 22 October 2001)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nPolice Administration Amendment Act 2002 (Act No. 3, 2002)\nAssent date 28 March 2002\nCommenced 24 April 2002 (Gaz G16, 24 April 2002, p 3)\nPolice Administration Amendment Act (No. 2) 2002 (Act No. 20, 2002)\nAssent date 7 June 2002\nCommenced 21 August 2002 (s 2, s 2 Witness Protection (Northern\nTerritory) Act 2002 (Act No. 21, 2002) and Gaz G33,\n21 August 2002, p 5)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nPolice Administration Amendment Act 2003 (Act No. 13, 2003)\nAssent date 18 March 2003\nCommenced 7 May 2003 (Gaz G18, 7 May 2003, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nPolice Administration Amendment (Forensic Procedures) Act 2004 (Act No. 57, 2004)\nAssent date 4 November 2004\nCommenced 17 August 2005 (Gaz G33, 17 August 2005, p 5)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\n\nPolice Administration Act 1978 177\nPolice Administration Amendment Act 2007 (Act No. 29, 2007)\nAssent date 12 December 2007\nCommenced pt 1 and ss 3 and 15: 1 December 1996 (s 2); pt 4: nc (rep by\nAct No. 12, 2009 before comm); rem: 19 December 2007\n(Gaz G51, 19 December 2007, p 6)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2009 (Act No. 12, 2009)\nAssent date 26 May 2009\nCommenced 24 June 2009 (Gaz G25, 24 June 2009, p 2)\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nCross-border Justice Act 2009 (Act No. 1, 2009)\nAssent date 12 March 2009\nCommenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and Part 15 Div 6:\n1 December 2009; rem: 1 November 2009 (Gaz S59,\n29 October 2009)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPolice Administration Amendment (Service Medal) Act 2010 (Act No. 15, 2010)\nAssent date 20 May 2010\nCommenced 20 May 2010\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n\nPolice Administration Act 1978 178\nAlcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act 2011\n(Act No. 18, 2011)\nAssent date 20 May 2011\nCommenced ss 16 and 22(2), (3) and (5): 1 January 2012; pt 3 (except\ns 22(2), (3) and (5)): 1 November 2011 (Gaz S60,\n27 October 2011); rem: 1 July 2011\n(s 16 and pt 3: 1 January 2012; Gaz G36, 7 September 2011,\np 2 notice revoked by Gaz S60, 27 October 2011)\nTraffic and Other Legislation Amendment Act 2011 (Act No. 22, 2011)\nAssent date 22 August 2011\nCommenced 1 September 2011 (Gaz G35, 31 August 2011, p 9)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nJustice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)\nAssent date 21 March 2012\nCommenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012\n(Gaz G29, 18 July 2012, p 7)\nMedicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)\nAssent date 27 April 2012\nCommenced 1 May 2014 (Gaz S22, 30 April 2014, p 12)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nPolice Administration Amendment Act 2014 (Act No. 45, 2014)\nAssent date 5 December 2014\nCommenced 17 December 2014 (Gaz S126, 17 December 2014)\nAlcohol Mandatory Treatment Amendment Act 2014 (Act No. 46, 2014)\nAssent date 8 December 2014\nCommenced pt 2 (other than ss 4 and 5): 15 January 2015 (Gaz S2,\n15 January 2015, p 1); rem: 27 January 2016 (Gaz G4,\n27 January 2016, p 2)\n\nPolice Administration Act 1978 179\nMisuse of Drugs Amendment Act 2015 (Act No. 31, 2015)\nAssent date 8 December 2015\nCommenced 17 December 2015 (Gaz S115, 17 December 2015)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nPolice Administration Amendment Act 2016 (Act No. 30, 2016)\nAssent date 13 July 2016\nCommenced 28 September 2018 (Gaz S77, 28 September 2018)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\nAlcohol Harm Reduction Act 2017 (Act No. 16, 2017)\nAssent date 30 August 2017\nCommenced 1 September 2017\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nYouth Justice and Related Legislation Amendment Act 2019 (Act No. 32, 2019)\nAssent date 9 October 2019\nCommenced 2 March 2020 (Gaz G5, 5 February 2020, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nPolice Administration Amendment Act 2021 (Act No. 8, 2021)\nAssent date 13 April 2021\nCommenced 27 May 2021 (Gaz S15, 27 May 2021)\n\nPolice Administration Act 1978 180\nPolice Legislation Amendment Act 2023 (Act No. 2, 2023)\nAssent date 2 March 2023\nCommenced pts 1 and 3: 2 March 2023 (s 2(1)); pts 2 and 4 and the\nSch: 14 April 2023 (Gaz S21, 14 April 2023)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nPolice Legislation Further Amendment Act 2023 (Act No. 18, 2023)\nAssent date 17 August 2023\nCommenced 21 September 2023 (Gaz S67, 20 September 2023)\nPolice Legislation Amendment (Powers, Appointments and Other Matters) Act 2023\n(Act No. 31, 2023)\nAssent date 6 December 2023\nCommenced 7 December 2023 (s 2)\nPolice Administration Legislation Amendment Act 2024 (Act No. 11, 2024)\nAssent date 31 May 2024\nCommenced 1 June 2024 (s 2)\nPolice Administration Amendment Act 2024 (Act No. , 2024)\nAssent date 29 October 2024\nCommenced 30 October 2024 (s 2)\nPolice Administration Legislation Amendment Act 2025 (Act No. 8, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s 2)\nPolice Administration Amendment (Police Public Safety Officers) Act 2025 (Act No. 26,\n2025)\nAssent date 12 September 2025\nCommenced 13 September 2025 (s 2)\nAttorney-General and Police Legislation Amendment Act 2025 (Act No. 35, 2025)\nAssent date 5 December 2025\nCommenced 6 December 2025 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 6 Police Administration Amendment Act (No. 2) 1983 (Act No. 18, 1983)\ns 7 Police Administration Amendment Act (No. 3) 1983 (Act No. 35, 1983)\ns 39 Police Administration Amendment Act (No. 4) 1983 (Act No. 74, 1983)\nss 3 and 4 Police Administration Amendment Act 1986 (Act No. 11, 1986)\ns 8 Police Administration Amendment Act 1988 (Act No. 10, 1988)\nss 14 and 15 Police Administration Amendment Act 1994 (Act No. 20, 1994)\ns 4 Police Administration Amendment Act (No. 3) 1994 (Act No. 55, 1994)\ns 16 Police Administration Amendment Act (No. 2) 1996 (Act No. 40, 1996)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 3, 4, 9, 14, 14A, 34H,\n\nPolice Administration Act 1978 181\n34K, 34M, 97, 108, 116, 116A, 116H, 116J, 120, 120A, 120BA, 125, 126,\n130A, 133A, 133E, 137, 138A, 138B, 144, 147B, 147E, 147FA, 147FU, 148A,\n162 and 166 and sch.\n5 LIST OF AMENDMENTS\nlt amd No. 4, 1982, s 3\npt I hdg amd No. 2, 2023, s 9\nss 1 – 2 amd No. 4, 1982, s 3\ns 3 amd No. 74, 1983, s 4; No. 33, 1990, s 9\ns 4 amd No. 74, 1979, s 3; No. 4, 1982, s 3; No. 74, 1983, s 5; No. 55, 1994, s 2;\nNo. 20, 1994, s 4; No. 30, 1997, s 3; No. 87, 1998, s 4; No. 62, 2001, s 15;\nNo. 57, 2004, s 4; No. 33, 2005, s 4; No. 29, 2007, s 4; No. 5, 2009, s 176;\nNo. 12, 2010, s 64; No. 40, 2010, s 118; No. 18, 2011, s 82; No. 17, 2012,\ns 55; No. 17, 2013, s 165; No. 45, 2014, s 4; No. 31, 2015, s 13; No. 9, 2016,\ns 160; No. 30, 2016, s 4; No. 16, 2017, s 56; No. 26, 2020, s 3; No. 2, 2023,\ns 9; No. 18, 2023, s 4; No. 11, 2024, s 4; No. 17, 2024, s 4; No. 26, 2025, s 4;\nNo. 35, 2025, s 12\ns 4A ins No. 30, 2016, s 5\namd No. 2, 2023, s 4; No. 31, 2023, s 4\ns 5 amd No. 4, 1982, s 3; No. 29, 2007, s 5\ns 6 amd No. 4, 1982, s 3\ns 6A ins No. 35, 2025, s 13\ns 7 amd No. 4, 1982, s 3; No. 35, 1983, s 3; No. 30, 1997, s 4\ns 8 amd No. 35, 1983, s 4\nsub No. 30, 1997, s 5\ns 9 amd No. 74, 1983, s 6; No. 28, 1993, s 3; No. 30, 1997, s 6; No. 26, 2020, s 3\ns 10 amd No. 30, 1997, s 7\ns 12 amd No. 27, 1981, s 3; No. 26, 2020, s 3\ns 13 amd No. 27, 1981, s 4\ns 14 amd No. 33, 1990, s 9; No. 11, 2005, s 4; No. 18, 2023, s 10; No. 11, 2024,\ns 5; No. 17, 2024, s 5\ns 14A ins No. 40, 1996, s 4\namd No. 63, 2000, s 3; No. 20, 2002, s 3; No. 33, 2005, s 4\nss 14B – 14C ins No. 40, 1996, s 4\ns 15 amd No. 20, 1994, s 5\ns 15A ins No. 29, 2007, s 6\namd No. 31, 2023, s 5; No. 35, 2025, s 14\ns 15B ins No. 2, 2023, s 5\ns 16 amd No. 74, 1979, s 4; No. 18, 1983, s 3; No. 74, 1983, s 7; No. 40, 1996,\ns 5; No. 11, 2005, s 5; No. 29, 2007, s 7; No. 31, 2023, s 6\ns 16A ins No. 18, 1983, s 4\namd No. 40, 1996, s 6; No. 11, 2005, s 14\nsub No. 29, 2007, s 8\namd No. 40, 2010, s 118; No. 31, 2023, s 7\ns 16AA ins No. 35, 1983, s 5\namd No. 28, 1984, s 3; No. 31, 1991, s 14; No. 26, 2020, s 3\ns 16AAA ins No. 20, 1994, s 6\ns 17 amd No. 74, 1979, s 5\nsub No. 74, 1983, s 8\namd No. 47, 1985, s 3; No. 40, 1996, s 15; No. 29, 2007, s 9\nsub No. 31, 2023, s 8\ns 17A ins No. 74, 1983, s 8\ns 18 amd No. 4, 1982, s 3; No. 40, 2010, s 118\ns 19 amd No. 18, 1983, s 5; No. 67, 1991, s 3; No. 55, 1994, s 3; No. 56, 1994, s 3\nsub No. 29, 2007, s 10\namd No. 2, 2023, s 6; No. 26, 2025, s 5\n\nPolice Administration Act 1978 182\ns 20 amd No. 40, 1996, s 15; No. 29, 2007, s 39; No. 27, 2011, s 4\ns 21 amd No. 4, 1982, s 3; No. 67, 1991, s 4; No. 29, 2007, ss 11 and 39; No. 31,\n2023, s 9\ns 22 amd No. 4, 1982, s 3; No. 67, 1991, s 5; No. 29, 2007, s 12; No. 31, 2023,\ns 10\nss 23 – 24 sub No. 74, 1983, s 9\nrep No. 20, 1994, s 7\ns 26 amd No. 40, 2010, s 118\ns 27 amd No. 29, 2007, s 39; No. 40, 2010, s 118\ns 28 amd No. 40, 2010, s 118\ndiv 4 hdg sub No. 29, 2007, s 13\ns 29 amd No. 74, 1983, s 10\nsub No. 29, 2007, s 13\nss 30 – 31 sub No. 29, 2007, s 13\ns 32 sub No. 29, 2007, s 13\namd No. 1, 2009, s 155; No. 40, 2010, s 118\ns 33 sub No. 29, 2007, s 13\ns 34 sub No. 29, 2007, s 13\ndiv 5 hdg ins No. 29, 2007, s 13\nss 34A – 34D ins No. 29, 2007, s 13\ns 34E ins No. 29, 2007, s 13\namd No. 1, 2009, s 156; No. 40, 2010, s 118\ns 34F ins No. 29, 2007, s 13\ndiv 6 hdg ins No. 5, 2009, s 177\ns 34G ins No. 5, 2009, s 177\nss 34H – 34M ins No. 5, 2009, s 177\ns 35A ins No. 3, 2002, s 4\ns 35 amd No. 30, 1997, s 8\ns 36 amd No. 62, 2001, s 15\nsub No. 3, 2002, s 5\nss 36A – 36B ins No. 3, 2002, s 5\ns 37 sub No. 3, 2002, s 5\ns 37A ins No. 3, 2002, s 5\namd No. 40, 2010, s 118\ns 38 amd No. 33, 1990, s 9; No. 3, 2002, s 6\ns 39 amd No. 74, 1983, s 11\ns 40 amd No. 30, 1997, s 9\nsub No. 3, 2002, s 7\nss 40A – 40D ins No. 3, 2002, s 7\ns 41 rep No. 9, 1980, s 6\ns 42 amd No. 27, 1981, s 13\ns 43 amd No. 27, 2011, s 4\ns 44 amd No. 26, 2020, s 3\ns 46 amd No. 40, 2010, s 118\ns 47 amd No. 27, 2011, s 4\ns 48 amd No. 40, 2010, s 118; No. 27, 2011, s 4\ns 49 amd No. 27, 2011, s 4\ns 50 sub No. 3, 2002, s 8\ns 50A ins No. 3, 2002, s 8\ns 51 amd No. 27, 1981, s 13; No. 11, 1986, s 2\nsub No. 30, 1997, s 10\ns 52 amd No. 27, 1981, s 5\ns 53 amd No. 27, 1981, s 13; No. 74, 1983, s 12\n\nPolice Administration Act 1978 183\ns 54 amd No. 27, 2011, s 4\ns 56 amd No. 74, 1983, s 13\npt III\ndiv 3 hdg rep No. 33, 1990, s 9\ns 58 rep No. 33, 1990, s 9\npt IV hdg amd No. 74, 1983, s 14\ns 59 amd No. 27, 1981, s 6; No. 74, 1983, s 15\ns 60 amd No. 27, 1981, s 7; No. 74, 1983, s 16; No. 11, 1986, s 2; No. 33, 1990,\ns 9\ns 61 rep No. 20, 1994, s 8\ns 62 amd No. 9, 1980, s 6; No. 27, 1981, s 8\ns 63 amd No. 27, 1981, s 9\ns 64 rep No. 40, 1981, s 10\ns 65 rep No. 20, 1994, s 8\ns 66 amd No. 28, 1993, s 3\ns 67 amd No. 74, 1979, s 6; No. 27, 1981, s 11\nsub No. 74, 1983, s 17\namd No. 47, 1985, s 4; No. 11, 1986, s 2\ns 67A ins No. 74, 1983, s 17\ns 67B ins No. 74, 1983, s 17\namd No. 47, 1985, s 5\ns 68 amd No. 27, 1981, s 12\nss 68A – 68C ins No. 74, 1983, s 18\ns 69 amd No. 74, 1983, s 19\nss 70 – 73 rep No. 20, 1994, s 8\ns 74 sub No. 74, 1983, s 20; No. 47, 1985, s 6\npt IV hdg ins No. 20, 1994, s 8\ndiv 1 hdg ins No. 20, 1994, s 8\ns 75 amd No. 33, 1990, s 9\nrep No. 40, 1996, s 7\ns 76 sub No. 20, 1994, s 8\namd No. 40, 1996, s 8; No. 45, 2014, s 5\ns 76A ins No. 40, 1996, s 9\ns 77 sub No. 20, 1994, s 8\ndiv 2 hdg ins No. 20, 1994, s 8\ns 78 amd No. 74, 1983, s 21\nsub No. 20, 1994, s 8; No. 40, 1996, s 10\ndiv 3 hdg ins No. 20, 1994, s 8\nsub No. 40, 1996, s 10\ns 79A ins No. 45, 2014, s 6\nss 79 – 82 sub No. 20, 1994, s 8; No. 40, 1996, s 10\n\nPolice Administration Act 1978 184\ns 83 sub No. 20, 1994, s 8; No. 40, 1996, s 10\namd No. 44, 2005, s 22; No. 12, 2010, s 65\ns 84 sub No. 20, 1994, s 8; No. 40, 1996, s 10\ns 84A ins No. 40, 1996, s 10\ns 84B ins No. 40, 1996, s 10\namd No. 30, 1997, s 11\nss 84C – 84D ins No. 40, 1996, s 10\ns 84E ins No. 40, 1996, s 10\namd No. 27, 1999, s 15\ndiv 4 hdg ins No. 40, 1996, s 10\ns 84F ins No. 40, 1996, s 10\ns 84G ins No. 40, 1996, s 10\namd No. 29, 2007, s 14\ns 84H ins No. 40, 1996, s 10\ns 84J ins No. 40, 1996, s 10\npt V hdg sub No. 20, 1994, s 8\ns 85 amd No. 74, 1983, s 22\nrep No. 29, 2007, s 15\ns 86 sub No. 74, 1983, s 23\namd No. 28, 1984, s 3; No. 77, 1991, s 13\nrep No. 40, 1996, s 15\ns 87 sub No. 74, 1983, s 23\namd No. 33, 1990, s 9\ns 87A ins No. 74, 1983, s 23\ns 88 amd No. 74, 1983, s 24\namd No. 44, 2005, s 22; No. 12, 2010, s 66\ns 89 amd No. 74, 1983, s 25\ns 90 amd No. 74, 1983, s 26; No. 11, 1986, s 2\ns 91 sub No. 20, 1994, s 8\namd No. 40, 1996, s 15; No. 44, 2005, s 22; No. 12, 2010, s 67\npt VI hdg sub No. 20, 1994, s 8\ndiv 1 hdg sub No. 20, 1994, s 8\ns 92 amd No. 9, 1980, s 6; No. 74, 1983, s 27\namd No. 31, 2023, s 11\ns 93 sub No. 20, 1994, s 8\namd No. 40, 1996, s 11; No. 30, 1997, s 12\ndiv 2 hdg sub No. 20, 1994, s 8\ns 94 rep No. 74, 1983, s 28\nins No. 20, 1994, s 8\namd No. 40, 1996, ss 12 and 15; No. 30, 1997, s 13; No. 11, 2005, s 14;\nNo. 7, 2007, s 16; No. 29, 2007, s 16\ns 95 sub No. 20, 1994, s 8\namd No. 40, 2010, s 118; No. 27, 2011, s 4; No. 26, 2020, s 3\ndiv 3 hdg sub No. 20, 1994, s 8\nss 96 – 99 sub No. 20, 1994, s 8\n\nPolice Administration Act 1978 185\ns 100 sub No. 20, 1994, s 8\ns 101 sub No. 20, 1994, s 8\namd No. 7, 2007, s 16; No. 9, 2016, s 160\npt VIA hdg ins No. 29, 2007, s 17\ndiv 1 hdg ins No. 29, 2007, s 17\nss 102 – 103 rep No. 20, 1994, s 8\ndiv 2 hdg ins No. 29, 2007, s 17\ns 104 amd No. 74, 1983, s 29\ns 105 rep No. 20, 1994, s 8\ns 106 amd No. 74, 1983, s 30\ndiv 3 hdg ins No. 29, 2007, s 17\ns 107 sub No. 74, 1983, s 31\ns 108 sub No. 74, 1983, s 32\ndiv 4 hdg ins No. 29, 2007, s 17\ns 109 amd No. 74, 1983, s 33\nss 110 – 111 sub No. 74, 1983, s 34\nss 112 – 115 rep No. 20, 1994, s 8\ndiv 1 hdg amd No. 2, 2023, s 9\ns 116 amd No. 74, 1979, s 7; No. 21, 1996, s 3; No. 11, 2005, s 6; No. 29, 2007,\ns 18; No. 9, 2016, s 160; No. 10, 2018, s 6; No. 2, 2023, s 9; No. 18, 2023,\ns 5\ndiv 1A hdg ins No. 29, 2007, s 19\ns 116A ins No. 29, 2007, s 19\namd No. 31, 2015, s 14; No. 18, 2023, s 6\nss 116B –\n116H ins No. 29, 2007, s 19\ndiv 1B hdg ins No. 31, 2015, s 15\ns 116J ins No. 31, 2015, s 15\ndiv 1C hdg ins No. 18, 2023, s 7\ns 116K ins No. 18, 2023, s 7\namd No. 17, 2024, s 6\ns 116KA ins No. 18, 2023, s 7\n\nPolice Administration Act 1978 186\nss 116KB –\n116KE ins No. 18, 2023, s 7\nsub No. 17, 2024, s 7\ns 116KF ins No. 18, 2023, s 7\ns 116KG ins No. 18, 2023, s 7\nss 116KH –\n116KI ins No. 18, 2023, s 7\ns 116KJ ins No. 18, 2023, s 7\ns 116KK ins No. 18, 2023, s 7\nrep No. 17, 2024, s 8\ns 116KL ins No. 18, 2023, s 7\namd No. 17, 2024, s 9\ns 116KM ins No. 18, 2023, s 7\ns 116KN ins No. 18, 2023, s 7\namd No. 17, 2024, s 10\ns 116KO ins No. 18, 2023, s 7\namd No. 17, 2024, s 11\nss 116KP –\n116KQ ins No. 18, 2023, s 7\nrep No. 17, 2024, s 12\ns 117 amd No. 11, 2005, s 14; No. 29, 2007, s 39; No. 9, 2016, s 160\ns 118 amd No. 74, 1979, s 8; No. 29, 2007, s 39; No. 40, 2010, s 118; No. 9, 2016,\ns 118A ins No. 29, 2007, s 20\ns 119 amd No. 11, 2005, s 14; No. 29, 2007, s 21; No. 18, 2023, s 8\ns 119AA ins No. 29, 2007, s 22\namd No. 18, 2023, s 10\ns 119A ins No. 11, 2005, s 7\namd No. 29, 2007, s 23\ns 120 amd No. 28, 1984, s 3; No. 17, 1996, s 6; No. 27, 1999, s 15; No. 11, 2005,\ns 14; No. 27, 2011, s 4\ndiv 2A hdg ins No. 19, 1990, s 3\namd No. 34, 1998, s 3\nsub No. 11, 2005, s 14\ns 120A ins No. 19, 1990, s 3\nsub No. 34, 1998, s 4\namd No. 11, 2005, s 8; No. 29, 2007, s 24; No. 13, 2012, s 304; No. , 2015,\ns 16; No. 4, 2017, s 34\ns 120B ins No. 19, 1990, s 3\namd No. 69, 1993, s 2; No. 11, 2005, s 14; No. 29, 2007, s 39; No. 9, 2016,\ns 120BA ins No. 16, 1992, s 3\namd No. 54, 1994, s 3; No. 11, 2005, s 14\ns 120BB ins No. 29, 2007, s 25\ns 120C ins No. 19, 1990, s 3\namd No. 11, 2005, s 14; No. 29, 2007, s 26\ns 120D ins No. 19, 1990, s 3\namd No. 56, 1992, s 3; No. 11, 2005, s 14; No. 29, 2007, s 39\ns 120E ins No. 19, 1990, s 3\namd No. 29, 2007, s 39\ndiv 2B hdg ins No. 63, 2000, s 4\nrep No. 33, 2005, s 4\n\nPolice Administration Act 1978 187\nss 120F –\n120P ins No. 63, 2000, s 4\nrep No. 33, 2005, s 4\ndiv 3 hdg amd No. 8, 2025, s 4\ns 121 amd No. 10, 1988, s 3; No. 27, 1999, s 15; No. 9, 2016, s 160\ns 122 amd No. 29, 2007, s 39; No. 40, 2010, s 118; No. 9, 2016, s 160\ns 123 amd No. 10, 1988, s 4; No. 36, 1992, s 4; No. 29, 2010, s 7; No. 32, 2019,\ns 20\ns 124 amd No. 74, 1979, s 9; No. 10, 1988, s 5; No. 29, 2007, s 39; No. 9, 2016,\ns 125 amd No. 10, 1988, s 6; No. 27, 1999, s 15; No. 29, 2007, s 39; No. 9, 2016,\ns 126 amd No. 6, 1989, s 3; No. 56, 1992, s 4; No. 38, 1993, s 3; No. 11, 2005,\ns 14; No. 29, 2007, s 27; No. 34, 2007, s 146\nsub No. 8, 2021, s 4\ns 126A ins No. 8, 2021, s 4\ns 126AB ins No. 8, 2025, s 5\ns 126B ins No. 8, 2021, s 4\ns 126C ins No. 8, 2021, s 4\namd No. 18, 2023, s 10\ns 126D ins No. 8, 2021, s 4\namd No. 8, 2025, s 6\ns 126E ins No. 8, 2025, s 7\ns 127A ins No. 5, 1983, s 2\nsub No. 18, 2011, s 83\ns 128 amd No. 5, 1983, s 3; No. 29, 2007, s 28; No. 18, 2011, s 84; No. 17, 2013,\ns 166\ns 128A ins No. 17, 2013, s 167\namd No. 46, 2014, s 14\nrep No. 16, 2017, s 57\ns128B ins No. 17, 2013, s 167\namd No. 46, 2014, s 15\nrep No. 16, 2017, s 57\ns 129 amd No. 13, 2003, s 3; No. 9, 2016, s 160\ns 130 amd No. 18, 2011, s 85; No. 22, 2011, s 48\ns 130A ins No. 18, 2011, s 86\namd No. 17, 2013, s 168\ns 131 amd No. 9, 2016, s 160\ns 132 sub No. 5, 1983, s 4; No. 13, 2003, s 4\namd No. 44, 2005, s 22; No. 12, 2010, s 68; No. 17, 2012, s 55; No. 28,\n2018, s 25\ns 133 amd No. 74, 1979, s 10; No. 9, 2016, s 160; No. 3, 2020, s 23\ndiv 4AA hdg ins No. 45, 2014, s 7\ns 133AA ins No. 45, 2014, s 7\namd No. 31, 2023, s 12\ns 133AB ins No. 45, 2014, s 7\ns 133AC ins No. 45, 2014, s 7\namd No. 4, 2017, s 34\ndiv 4A hdg ins No. 50, 2001, s 3\ns 133A ins No. 50, 2001, s 3\namd No. 33, 2005, s 4; No. 9, 2016, s 160\ns 133B ins No. 50, 2001, s 3\n\nPolice Administration Act 1978 188\ns 133C ins No. 50, 2001, s 3\namd No. 2, 2012, s 27; No. 9, 2016, s 160\nss 133D –\n133E ins No. 50, 2001, s 3\ns 134 amd No. 74, 1979, s 11; No. 40, 1996, s 15; No. 27, 2011, s 4\nsub No. 31, 2023, s 13\nss 134A –\n134B ins No. 31, 2023, s 13\ns 135 amd No. 1, 2004, s 62; No. 32, 2019, s 21\ndiv 5A hdg ins No. 11, 2024, s 6\nss 135A –\n135M ins No. 11, 2024, s 6\ndiv 6 hdg rep No. 64, 1982, s 3\namd No. 9, 2016, s 160; No. 26, 2020, s 3\ns 136 amd No. 74, 1979, s 12\nrep No. 64, 1982, s 3\ns 137 amd No. 74, 1979, s 13\nrep No. 64, 1982, s 3\namd No. 36, 1992, s 5; No. 29, 2007, s 39; No. 9, 2016, s 160; No. 4, 2017,\ns 34; No. 32, 2019, s 22; No. 3, 2020, s 24\ns 138 rep No. 64, 1982, s 3\namd No. 36, 1992, s 6; No. 9, 2016, s 160; No. 26, 2020, s 3\ns 138A ins No. 29, 2007, s 29\ns 138B ins No. 27, 2014, s 29\ndiv 6A hdg ins No. 36, 1992, s 7\nss 139 – 141 rep No. 64, 1982, s 3\ns 142 rep No. 64, 1982, s 3\namd No. 29, 2007, s 30\ns 143 rep No. 64, 1982, s 3\ns 144 amd No. 74, 1979, s 14; No. 11, 2005, s 9; No. 29, 2007, ss 31 and 39;\nNo. 27, 2014, s 30; No. 18, 2023, s 10\ns 145 amd No. 75, 1991, s 3\nsub No. 87, 1998, s 5\namd No. 44, 2005, s 22; No. 12, 2010, s 69; No. 9, 2016, s 160\ns 145A ins No. 87, 1998, s 5\namd No. 57, 2004, s 5; No. 29, 2007, s 32; No. 9, 2016, s 160\ns 145B ins No. 87, 1998, s 5\namd No. 57, 2004, s 6; No. 33, 2005, s 4; No. 29, 2007, s 33\ns 146 amd No. 87, 1998, s 6; No. 29, 2007, s 39\ns 147 sub No. 87, 1998, s 7\namd No. 57, 2004, s 7\ns 147A ins No. 87, 1998, s 7\namd No. 59, 2002, s 5; No. 57, 2004, s 8\ns 147B ins No. 87, 1998, s 7\nsub No. 57, 2004, s 9\n\nPolice Administration Act 1978 189\ns 147C ins No. 87, 1998, s 7\namd No. 57, 2004, s 10\ns 147D ins No. 87, 1998, s 7\ns 147E ins No. 57, 2004, s 11\namd No. 33, 2005, s 4\ns 147F ins No. 57, 2004, s 11\ndiv 7AA ins No. 30, 2016, s 6\nsdiv 1 hdg ins No. 30, 2016, s 6\ns 147FA ins No. 30, 2016, s 6\namd No. 33, 2019, s 49; No. 31, 2023, s 14\nsdiv 2 hdg ins No. 30, 2016, s 6\nss 147FB –\n147FG ins No. 30, 2016, s 6\nsdiv 3 hdg ins No. 30, 2016, s 6\nss 147FH –\n147FQ ins No. 30, 2016, s 6\nsdiv 4 hdg ins No. 30, 2016, s 6\nss 147FR –\n147FV ins No. 30, 2016, s 6\ndiv 7A hdg ins No. 29, 2007, s 34\nss 147G –\n147N ins No. 29, 2007, s 34\ns 148 amd No. 40, 1996, s 15; No. 11, 2005, s 14; No. 27, 2011, s 4\npt VIIA hdg ins No. 11, 2005, s 10\ndiv 1 hdg ins No. 11, 2005, s 10\namd No. 2, 2023, s 9\ns 148A ins No. 11, 2005, s 10\ndiv 2 hdg ins No. 11, 2005, s 10\nsub No. 30, 2016, s 7\ns 148B ins No. 11, 2005, s 10\namd No. 44, 2005, s 35\nsub No. 30, 2016, s 7\ns 148C ins No. 11, 2005, s 10\nrep No. 30, 2016, s 7\ndiv 3 hdg ins No. 11, 2005, s 10\nss 148D –\n148G ins No. 11, 2005, s 10\ns 149 amd No. 40, 1996, s 15; No. 27, 2011, s 4; No. 9, 2016, s 160\ns 150 sub No. 20, 1994, s 9\nrep No. 29, 2007, s 35\ns 151 rep No. 20, 1994, s 9\ns 152 sub No. 40, 1989, s 3\ns 153 sub No. 74, 1983, s 35\ns 154 amd No. 17, 1996, s 6; No. 29, 2007, s 36; No. 27, 2011, s 4\n\nPolice Administration Act 1978 190\ns 155 amd No. 40, 1996, s 15; No. 29, 2007, s 39; No. 27, 2011, s 4\nsub No. 30, 2016, s 8\nss 156 – 157 amd No. 27, 2011, s 4\ns 157A ins No. 2, 2023, s 7\ns 158 amd No. 20, 1994, s 10; No. 27, 2011, s 4; No. 2, 2023, s 9\ns 159 amd No. 29, 2007, s 37; No. 27, 2011, s 4\ns 159A ins No. 29, 2007, s 38\npt IX hdg amd No. 2, 2023, s 9\ns 160A ins No. 20, 1994, s 11\ns 160 amd No. 40, 1989, s 4; No. 27, 2011, s 4; No. 38, 2014, s 2\ns 161 amd No. 9, 2016, s 160\ns 162 amd No. 40, 1996, s 13; No. 11, 2005, s 11; No. 5, 2009, s 178; No. 9, 2016,\ns 160; No. 4, 2017, s 34\ns 163 amd No. 55, 1994, s 3\nrep No. 11, 2005, s 12\ns 164 amd No. 33, 1990, s 9; No. 67, 1991, s 6; No. 55, 1994, s 3; No. 26, 2025, s 6\ns 165 amd No. 29, 2007, s 39; No. 27, 2011, s 4\ns 166 amd No. 136, 1979, s 3; No. 74, 1983, s 36; No. 27, 1989, s 2; No. 92, 1998,\ns 16; No. 29, 2007, s 39\nsub No. 31, 2023, s 15\ns 166AA ins No. 74, 1983, s 37\namd No. 28, 1984, s 3; No. 20, 1994, s 12; No. 14, 1995, s 12\ns 166A ins No. 35, 1983, s 6\nsub No. 15, 2010, s 3\ns 166B ins No. 40, 1996, s 14\ns 167 amd No. 74, 1979, s 15; No. 74, 1983, s 38; No. 12, 1985, s 3; No. 20, 1994,\ns 13; No. 40, 1996, s 15; No. 2, 2023, s 8\npt X hdg ins No. 11, 2005, s 13\nsub No. 17, 2013, s 169\npt X\ndiv 1 hdg ins No. 17, 2013, s 169\namd No. 45, 2014, s 8\ns 168 ins No. 11, 2005, s 13\npt XI hdg ins No. 15, 2010, s 4\nsub No. 17, 2013, s 170\namd No. 45, 2014, s 9\ns 169 ins No. 15, 2010, s 4\npt X\ndiv 3 hdg ins No. 17, 2013, s 171\namd No. 45, 2014, s 10\ns 170 ins No. 17, 2013, s 171\npt X\ndiv 4 hdg ins No. 45, 2014, s 11\ns 171 ins No. 45, 2014, s 11\npt X\ndiv 5 ins No. 9, 2017, s 8\ns 172 ins No. 9, 2017, s 8\npt X\ndiv 6 hdg ins No. 18, 2023, s 9\ns 173 ins No. 18, 2023, s 9\npt X\ndiv 7 hdg ins No. 31, 2023, s 16\ns 174 ins No. 31, 2023, s 16\npt X\ndiv 8 hdg ins No. 17, 2024, s 13\ns 175 ins No. 17, 2024, s 13\n\nPolice Administration Act 1978 191\nsch hdg amd No. 2, 2023, s 9\nsch amd No. 3, 2002, s 9; No. 25, 2009, s 10; No. 40, 2010, s 118; No. 10, 2023,\ns 5","sortOrder":265}],"analysis":{"summary":{"name":"Police Administration Act 1978","slug":"police-administration-act-1978","title_id":"police-administration-act-1978","version_id":30409,"analysis_type":"summary","content_quality":"high","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole-document analysis covering all Parts of the Act as at 6 December 2025."},"complexity_factors":["Large number of operational police powers across multiple divisions of Part VII","Section 148B protection from liability with constitutional dimensions (Queen v Rolfe HCA 2021)","Complex discipline regime with multiple pathways (internal discipline, public interest dismissal, appeals)","Cross-border provisions via Cross-border Justice Act 2009 and regulations","Interaction with Criminal Code (NT), Misuse of Drugs Act 1990 (NT), and Commonwealth criminal legislation"],"plain_english_summary":"The Police Administration Act 1978 (NT) is the foundational Northern Territory statute governing the constitution, administration, discipline and powers of the Northern Territory Police Force. As in force at 6 December 2025, the Act covers the establishment of the Force and the appointment of the Commissioner and other senior officers, the conditions of service of members, disciplinary processes, and the substantial powers exercised by police in the field.\n\nPart II establishes the Force and defines its core functions: upholding the law and maintaining social order, protecting life and property, preventing detecting and prosecuting offences, managing road safety, and providing services in emergencies. The Commissioner holds general control and management of the Force.\n\nPart III governs conditions of service through the Police Arbitral Tribunal and consent agreements. Part IV deals with discipline of members, including duties and obligations, public interest dismissal and disciplinary powers. Part V addresses inability to discharge duties.\n\nPart VII is the operational heart of the Act, conferring a broad range of police powers: search warrants (including telephone warrants and urgent warrantless search), arrest powers (with and without warrant), powers to use police dogs and horses, electronic drug detection, handheld scanner powers in designated areas, crime scene management, forensic examinations, and special powers to prevent or reduce public disorder.\n\nPart VIIA confers protection from civil and criminal liability on members acting in good faith in the exercise of a power or performance of a function under the Act (section 148B), and establishes the framework under which civil tort claims against members are to be channelled as claims against the Northern Territory.\n\nPart VIII creates offences against the Force, including assault, obstruction, false representation and offering bribes to members. The Act has been amended by multiple instruments including the Police Legislation Further Amendment Act 2023 and the Police Administration Amendment Act 2024."},"kimi_summary":{"_metrics":{"completionTokens":1080},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 1978 purpose of establishing a police force and basic discipline. Major expansions include: Part VIA (2007) on dangerous drugs for training; Division 1C (2023) on handheld scanners; Division 5A (2024) on public disorder declarations; Division 7AA (2016) on infectious disease testing; and extensive forensic powers. The police powers in Part VII now rival or exceed those in dedicated criminal procedure statutes, with the Act functioning as a comprehensive code for police operations rather than merely an administrative framework."},"complexity_factors":["Length: 191 pages with 175+ sections across 10 Parts and numerous Divisions","47+ defined terms in section 4 alone, with many more throughout","Extensive cross-referencing to other NT and Commonwealth legislation (Criminal Code, Firearms Act, Misuse of Drugs Act, Bail Act, etc.)","Multiple overlapping power regimes with different thresholds: warrants vs urgent searches vs designated scanning areas vs public disorder declarations","Nested conditional logic: many powers depend on 'reasonable grounds' beliefs, with exceptions and safeguards layered throughout","Specialised procedures for vulnerable groups: youths, intoxicated persons, protected persons for disease testing","Temporal and jurisdictional complexities: transitional provisions spanning decades of amendments, interstate arrangements","Strict liability offences with defences creating complex compliance matrices","Procedural requirements with time limits (72 hours, 14 days, etc.) scattered throughout","Delegated legislation: extensive regulation-making powers leaving detail to subordinate law"],"plain_english_summary":"This is the **Police Administration Act 1978** of the Northern Territory, a comprehensive law that establishes and governs the Northern Territory Police Force.\n\n**What it does:**\n\n**1. Establishes the Police Force**\n- Creates the Northern Territory Police Force with core functions: upholding law, protecting life and property, preventing and investigating crime, managing road safety, and emergency services.\n- Establishes the rank structure led by the Commissioner, with Deputy and Assistant Commissioners.\n\n**2. Manages police appointments and employment**\n- Sets out how police officers are appointed, promoted, and dismissed.\n- Includes special categories: Aboriginal Community Police officers, Police auxiliaries, Police Public Safety officers, and Police Cadets.\n- Allows for Special Constables (including police from other jurisdictions during emergencies).\n- Establishes the Ethical and Professional Standards Command to handle complaints and maintain integrity.\n\n**3. Sets conditions of service**\n- Creates the **Police Arbitral Tribunal** — an independent body that determines police pay and working conditions through conciliation and arbitration.\n- Allows for \"consent agreements\" between the government and police union.\n\n**4. Establishes discipline procedures**\n- Defines breaches of discipline (misconduct, negligence, disobedience, substance abuse, etc.).\n- Provides a graduated disciplinary process: from counselling and cautions to fines, demotion, suspension, and dismissal.\n- Includes \"public interest dismissal\" for serious misconduct.\n\n**5. Provides extensive police powers**\n- **Search powers**: warrants, urgent searches without warrants, drug-specific searches, searches for explosives and weapons.\n- **Arrest powers**: with and without warrants, including for interstate offenders.\n- **Special powers**: use of police dogs and horses, electronic drug detection, handheld scanners in designated areas (public transport, schools), crime scene powers.\n- **Public disorder declarations**: allows the Commissioner to declare areas where special crowd control powers apply (up to 72 hours, extendable).\n- **Protective entry**: powers to enter premises to protect people from violence or domestic violence.\n- **Forensic procedures**: intimate and non-intimate procedures (DNA, fingerprints, etc.) with judicial oversight.\n- **Blood testing for infectious diseases**: for officers exposed to bodily fluids.\n- **Apprehension of intoxicated persons**: protective custody for public drunkenness.\n\n**6. Protects police from liability**\n- Members are protected from personal liability for acts done in good faith.\n- The Territory is vicariously liable for torts committed by members in the course of duty.\n- Special procedures for civil claims against police.\n\n**7. Creates offences against police**\n- Assaulting, resisting, or hindering police.\n- Disarming a member.\n- Killing or injuring police dogs or horses.\n- False representation to join the force.\n- Unauthorised disclosure of confidential information.\n\n**Who it affects:**\n- All Northern Territory police officers and civilian staff.\n- People interacting with police (arrested persons, suspects, victims).\n- The broader community subject to police powers.\n\n**Why it matters:**\nThis Act is the foundational law for policing in the Northern Territory. It balances giving police extensive powers to maintain order and investigate crime with accountability mechanisms (discipline procedures, the Ombudsman, tribunal oversight). It has been heavily amended over decades to expand powers (drug detection, public disorder controls, forensic procedures) while adding safeguards and oversight."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act started as a relatively narrow piece of legislation focused on the establishment and administration of the Northern Territory Police Force, including basic appointment, discipline, and conditions of service. Over time, it has expanded dramatically to include extensive police powers (e.g., search and seizure, arrest, use of dogs and horses, electronic drug detection, handheld scanners, crime scene management, forensic procedures including blood testing for infectious diseases, and public disorder declarations). These additions have transformed it into a comprehensive code of police powers and procedures, far beyond its original administrative scope."},"complexity_factors":["Very long document with over 175 sections across multiple parts and divisions.","Extensive use of defined terms (over 70 definitions in section 4 alone, plus additional definitions in later parts).","Heavy cross-referencing between sections and to other Acts (e.g., Criminal Code, Bail Act, Weapons Control Act).","Complex conditional logic, especially in disciplinary procedures (e.g., multiple possible outcomes at each stage).","Nested exceptions and qualifications (e.g., exclusions to the requirement to hold a person before court).","Multiple amendment Acts over decades, leading to transitional provisions and complex commencement arrangements.","Detailed regulation of police powers with numerous safeguards, offences, and procedural requirements (e.g., handheld scanner use, forensic testing).","Interplay with other Northern Territory legislation (e.g., Youth Justice Act, Domestic and Family Violence Act)."],"plain_english_summary":"This is the main law governing the Northern Territory Police Force. It sets up the structure of the force, defines ranks (Commissioner, Deputy, Assistant Commissioners, constables, cadets, Aboriginal Community Police officers, auxiliaries, and Public Safety officers), and lays out how officers are appointed, promoted, disciplined, and can appeal decisions.\n\nThe law also grants police wide-ranging powers to:\n- **Search and arrest** with or without a warrant, including urgent searches without a warrant in certain circumstances.\n- **Use police dogs and horses** to assist in duties and detect dangerous things (like drugs or weapons).\n- **Use handheld metal-detecting scanners** in designated areas (like public transport or schools) without a warrant, if authorised by a senior officer, to check for weapons.\n- **Set up crime scenes** and seize evidence.\n- **Take forensic samples** (fingerprints, DNA, blood) from people in custody under strict rules, including for testing for infectious diseases like HIV or hepatitis if an officer is exposed.\n- **Detain intoxicated people** for their own safety or public order.\n- **Issue public disorder declarations** allowing the Commissioner to order people to leave an area or disperse, with limited duration and oversight.\n- **Close public places** if violence occurs.\n\nIt also covers:\n- A Police Arbitral Tribunal that decides pay and conditions for most officers.\n- A Professional Standards Command to investigate misconduct.\n- Protection from personal liability for officers acting in good faith.\n- Offences like assaulting or hindering police, disarming an officer, or impersonating police.\n\nIn essence, this law is the rulebook for how the NT Police is organised, how its members behave, and what powers they have to enforce the law."}},"importantCases":[],"_links":{"self":"/api/acts/police-administration-act-1978","history":"/api/acts/police-administration-act-1978/history","analysis":"/api/acts/police-administration-act-1978/analysis","conflicts":"/api/acts/police-administration-act-1978/conflicts","importantCases":"/api/acts/police-administration-act-1978/important-cases","documents":"/api/acts/police-administration-act-1978/documents"}}