CTHRepealedAct
Australian Protective Service Act 1987
13Powers of arrest
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Australian Protective Service Act 1987.
##### 13 Powers of arrest
(1) A protective service officer may, without warrant, arrest a person for an offence to which this section applies if the protective service officer believes on reasonable grounds that:
(a) the person has just committed, or is committing, the offence;
(b) the arrest of the person is necessary for the purpose of:
(i) ensuring the appearance of the person before a court of competent jurisdiction for the offence;
(ii) preventing the continuation of, or a repetition of, the offence or the commission of a further offence to which this section applies;
(iii) preventing the concealment, loss or destruction of evidence of, or relating to, the offence; or
(iv) preserving the safety or welfare of the person; and
(c) proceedings by way of summons against the person for the offence would not achieve such a purpose.
(2) This section applies to:
(a) an offence in relation to a person, place or thing in respect of which the Protective Service is performing its functions, being an offence under:
(i) section 24AB, 29, 46 (other than paragraph (b)), 47, 47A, 79, 89 or 89A of the Crimes Act 1914;
(ii) the Crimes (Internationally Protected Persons) Act 1976 or Part 2 of the Crimes (Aviation) Act 1991;
(iii) the Defence (Special Undertakings) Act 1952 (other than subsection 31(2));
(iv) the Public Order (Protection of Persons and Property) Act 1971 (other than section 11); or
(v) the Nuclear Non‑Proliferation (Safeguards) Act 1987 (other than section 25A, 27 or 28A, subsection 29(2), 30(1), 40(1), 58(2) or 65(1) or section 66); or
(vi) section 91.1 of the Criminal Code; or
(b) an offence against section 6 of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code, that relates to an offence referred to in paragraph (a); or
(ba) an offence against Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Protective Service is performing its functions; or
(bb) an offence against Division 101 of the Criminal Code that relates to a person, place or thing in respect of which the Protective Service is performing its functions; or
(c) an offence in relation to a person, place or thing in respect of which the Protective Service is performing its functions, being an offence against section 131.1, 141.1, 142.1, 148.1, 147.1 or 149.1 of the Criminal Code.