4CArrest of terrorism-linked person admitted to bail

4C Arrest of terrorism-linked person admitted to bail

[Section 4C Inserted by No. 14 of 2018, s. 4, Applied:14 Dec 2018]

(1)  A police officer may arrest a person who is admitted to bail by a person other than a judge or magistrate, if the police officer suspects on reasonable grounds that the person admitted to bail is a terrorism-linked person.

(2)  A police officer may arrest a person who is admitted to bail by a judge or magistrate, if –

(a) the person was not admitted to bail because a judge or magistrate found, under section 4B(3) , that there were exceptional circumstances in relation to the person; and

(b) the police officer suspects on reasonable grounds that the person is a terrorism-linked person.

(3)  A police officer may arrest a person who is admitted to bail by a judge or magistrate, if –

(a) the person was not, before he or she was admitted to bail, a terrorism-linked person; and

(b) the person, after his or her release on bail by the judge or magistrate, has become a terrorism-linked person.

(4)  On the arrest of a person under this section, the bail of the person is suspended.

(5)  Subsection (4) ceases to apply to a person if the person arrested is later released unconditionally.

(6)  Section 11 applies to a person arrested under this section as if the person had been arrested under section 10 .

(7)  Despite subsection (6) , section 11(1) does not apply in relation to a justice in respect of a person arrested under this section unless the justice is a magistrate.

(8)  This section applies in relation to a person who has made an application for bail, or who is admitted to bail, before, on or after the day on which this section commences.