TASIn ForceAct
Community Protection (Offender Reporting) Act 2005
36APower of detention to enable notice to be given
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### 36A Power of detention to enable notice to be given
> [*\[Section 36A Inserted by No. 53 of 2016, s. 15, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS15@EN)
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> > (1) This section applies if there are reasonable grounds to suspect –
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> > > > (a) that a person is a reportable offender; and
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> > > > (b) that the person has not been given written notice of his or her reporting requirements in accordance with [section 36](#GS36@EN) , or is otherwise unaware of his or her reporting requirements.
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> > (2) A police officer may detain the person if it is reasonably necessary to do so –
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> > > > (a) to enable a decision to be made about –
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> > > > > > (i) whether or not the person is a reportable offender; or
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> > > > > > (ii) if the person is a reportable offender, whether or not the person has been given written notice of his or her reporting requirements in accordance with [section 36](#GS36@EN) or is otherwise aware of his or her reporting requirements; or
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> > > > (b) to enable the person to be given written notice of those reporting requirements in accordance with [section 36](#GS36@EN) if the person is not aware of them.
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> > (3) When detaining the person, the police officer must tell the person –
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> > > > (a) why the person is being detained; and
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> > > > (b) that the detention is authorised under this Act; and
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> > > > (c) that the person will be released immediately after the reasons for the detention are satisfied.
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> > (4) The detained person –
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> > > > (a) may be taken to a police station; and
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> > > > (b) must not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and
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> > > > (c) must be released immediately after the purpose of the detention is satisfied.