9AAuthorisation of certain staff

9A Authorisation of certain staff S. 9A(1) amended by No. 94/1994 s. 12(1), substituted by No. 22/1996 s. 4(1), amended by No. 45/1996 s. 17(Sch. 1 item 10). (1) The Secretary may, by instrument, authorise a contractor under Division 1 or 2 or a sub‑contractor of that contractor or a person employed by that contractor or sub-contractor to exercise all or any of the functions or powers under this Act or the regulations or under any other Act or the regulations under that Act of— S. 9A(1)(a) amended by No. 45/1996 s. 17(Sch. 1 item 10). (a) the Secretary; or (b) an officer within the meaning of Part 5; or S. 9A(1)(c) amended by No. 45/2001 s. 7(a). (c) an officer within the meaning of Part 9; or S. 9A(1)(d) inserted by No. 45/2001 s. 7(b). (d) an escort officer. S. 9A(1A) inserted by No. 94/1994 s. 12(2), substituted by No. 45/1996 s. 12, amended by No. 37/2014 s. 10(Sch. item 32.2). (1A) The Chief Commissioner of Police may, by instrument, authorise a contractor under Division 3 or a sub-contractor of that contractor or a person employed by that contractor or sub‑contractor to exercise all or any of the functions or powers as may be exercised under section 27 of the **Bail Act 1977** or Part 9A of this Act or under the regulations made under this Act by a police officer. S. 9A(1B) inserted by No. 26/1997 s. 12(1). (1B) The Chief Commissioner may, by instrument, authorise a contractor under an agreement entered into under section 9AA or a sub-contractor of that contractor or a person employed by that contractor or sub-contractor— (a) to carry out the transport of any persons or class of persons in accordance with that agreement and to detain those persons while being transported; and S. 9A(1B)(b) substituted by No. 45/2001 s. 8(1). (b) to have and exercise all or any of the following functions— (i) to take all reasonable steps to ensure a person being transported remains in the physical custody of the authorised person; (ii) to take all reasonable steps to ensure that the safety and welfare of a person being transported are maintained; (iii) to take all reasonable steps to prevent and detect the commission by a person being transported of any unlawful act or any attempt to commit an unlawful act; (iv) to report to the Chief Commissioner of Police on the commission by a person being transported of any unlawful act or any attempt to commit an unlawful act; (v) to take all reasonable steps to ensure the good order and discipline of a person being transported; (vi) to take all reasonable steps to attend to the security of any property that is in the possession of a person being transported; (vii) to take all reasonable steps to ensure the person is transported to or from the appropriate place as required by the Chief Commissioner of Police; (viii) to take all reasonable steps to ensure that the person is transferred— (A) into the physical custody of another person acting on behalf of the Chief Commissioner of Police; or (B) if legal custody of the person is authorised to be transferred to a person other than the Chief Commissioner, into the physical custody of a person acting on behalf of the person to whom legal custody is to be transferred; S. 9A(1B)(c) inserted by No. 45/2001 s. 8(1). (c) to exercise all or any of the following powers in relation to the functions set out in paragraph (b)— (i) to order a person being transported to do or not to do anything which the authorised person believes on reasonable grounds is necessary for the safety of the authorised person, the person being transported or any other person; (ii) to search and examine a person being transported or any thing in the person's possession or under the person's control if the authorised person believes on reasonable grounds that this is necessary for the safety of the authorised person, the person being transported or any other person; (iii) to seize any thing found on a person being transported or in that person's possession or under that person's control if the authorised person believes on reasonable grounds that this is necessary for the safety of the authorised person, the person being transported or any other person; (iv) subject to subsection (2A), to apply an authorised instrument of restraint to a person being transported if the authorised person believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the person being transported or the assault of, or injury to, any person. (2) An authority may be given subject to any conditions or limitations that are stated in it. S. 9A(2A) inserted by No. 45/2001 s. 8(2). (2A) A person authorised under subsection (1B)(c)(iv) may apply an instrument of restraint to a person being transported only if— (a) the instrument, or type of instrument, is approved by the Chief Commissioner of Police; and (b) the instrument is used in the manner determined by the Chief Commissioner of Police. S. 9A(3) amended by Nos 94/1994 s. 12(3)(a)(b), 22/1996 s. 4(2), 26/1997 s. 12(2). (3) A contractor or sub-contractor or a person employed by a contractor or sub-contractor is incapable of exercising any function or power referred to in subsection (1), (1A) or (1B) except in accordance with an authority given under that subsection. S. 9A(4) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (4) The Secretary or the Chief Commissioner of Police may refuse to give an authority to any person if he or she considers that it is in the public interest not to give it. S. 9A(5) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (5) Without limiting subsection (4), the Secretary or the Chief Commissioner of Police may refuse to give an authority— S. 9A(5)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) to any person who has not undertaken a relevant course of training or instruction accredited by the Secretary or the Chief Commissioner of Police for the purposes of this Part; or S. 9A(5)(b) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (b) to any person whom the Secretary or the Chief Commissioner of Police considers not to be a fit and proper person to be so authorised for any reason including criminal record, character or educational standard. S. 9A(6) amended by Nos 94/1994 s. 12(3)(c)(d), 45/1996 s. 17(Sch. 1 item 10). (6) After giving the person a reasonable opportunity to be heard, the Secretary or the Chief Commissioner of Police may at any time revoke an authority given by him or her to that person if he or she considers that it is in the public interest to do so. S. 9A(7) amended by Nos 94/1994 s. 12(3)(c)(e), 45/1996 s. 17(Sch. 1 item 10). (7) Without limiting subsection (6), the Secretary or the Chief Commissioner of Police may revoke an authority given by him or her if— S. 9A(7)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) in the opinion of the Secretary or the Chief Commissioner of Police it ought not to have been given having regard to subsections (4) and (5); or (b) the person has failed to comply with any provision of this Act or the regulations or with any direction given to him or her under this Act or the regulations. S. 9A(8) inserted by No. 26/1997 s. 12(3), repealed by No. 45/2001 s. 8(3). S. 9B