36APower of detention to enable notice to be given

36A Power of detention to enable notice to be given

[Section 36A Inserted by No. 53 of 2016, s. 15, Applied:29 Nov 2017]

(1)  This section applies if there are reasonable grounds to suspect –

(a) that a person is a reportable offender; and

(b) that the person has not been given written notice of his or her reporting requirements in accordance with section 36 , or is otherwise unaware of his or her reporting requirements.

(2)  A police officer may detain the person if it is reasonably necessary to do so –

(a) to enable a decision to be made about –

(i) whether or not the person is a reportable offender; or

(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 or is otherwise aware of his or her reporting requirements; or

(b) to enable the person to be given written notice of those reporting requirements in accordance with section 36 if the person is not aware of them.

(3)  When detaining the person, the police officer must tell the person –

(a) why the person is being detained; and

(b) that the detention is authorised under this Act; and

(c) that the person will be released immediately after the reasons for the detention are satisfied.

(4)  The detained person –

(a) may be taken to a police station; and

(b) must not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and

(c) must be released immediately after the purpose of the detention is satisfied.