9Laws conferring powers on members

9 Laws conferring powers on members

(1) In addition to any other powers and duties, a member has: (a) the powers and duties that are conferred or imposed by or under a law of the Commonwealth on: (i) a constable; or (ii) a constable of a particular rank, if a declaration under subsection (2A) is in force that the member is of that rank for the purposes of this subparagraph; and (b) when performing functions in the Australian Capital Territory—the powers and duties conferred or imposed on a constable or on an officer of police by or under any law (including the common law) of the Territory; and (ba) when performing functions in the Jervis Bay Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (bb) when performing functions in an External Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (bc) when performing functions in the Northern Territory: (i) the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and (ii) any powers and duties conferred on the member by virtue of his or her appointment as a Special Constable of the Police Force of the Northern Territory by or under a law of the Territory; and (c) in relation to the following: (i) the laws of the Commonwealth; (ii) matters in connection with property of the Commonwealth or of an authority of the Commonwealth; (iii) matters arising on or in connection with land or premises owned or occupied by the Commonwealth or an authority of the Commonwealth; (iv) the safeguarding of Commonwealth interests; (iva) the investigation of State offences that have a federal aspect; the powers and duties that are conferred or imposed, in the place in which the member is acting, on: (v) a constable or an officer of police; or (vi) a constable, or an officer of police, of a particular rank, if a declaration under subsection (2B) is in force that the member is of that rank for the purposes of this subparagraph. (2) Where any provisions of a law of a State apply in relation to offences against the laws of the Commonwealth or of a Territory, those provisions so apply as if: (a) any reference in those provisions to a constable or to an officer of police included a reference to a member; and (b) if a declaration is in force under subsection (2B) that a member is of a particular rank for the purposes of this paragraph—any reference in those provisions to an officer of police of that rank included a reference to the member. (2A) The Commissioner may, by writing, declare that a member is of a particular rank for the purposes of subparagraph (1)(a)(ii). (2B) The Commissioner may, by writing, declare that a member is of a particular rank (the State law rank) for the purposes of subparagraph (1)(c)(vi) or paragraph (2)(b) if: (a) a declaration is in force under subsection (2A) that the member is of a particular rank (the Commonwealth law rank); and (b) the Commissioner considers the State law rank is equivalent to the Commonwealth law rank. (2C) Unless it ceases to be in force sooner, a declaration under subsection (2B) ceases to be in force when the declaration under subsection (2A) ceases to be in force. (3) In paragraph (1)(a):