Subdiv 107.1A Stopping, searching or detaining person

Subdivision 10.7.1A Stopping, searching or detaining person under 14 years old without warrant 252AA Application of sdiv 10.7.1A (1) This subdivision applies, despite any territory law to the contrary, to the exercise of a power to stop, search or detain a person under this Act or any other territory law. (2) However, this subdivision does not apply to the exercise of a power to stop, search or detain a person if the power is exercised under a warrant, or an order made by a court or the ACAT. 252AB Police officer must not stop, search or detain person under 14 years old generally A police officer must not exercise a power to stop, search or detain a person under 14 years old, except in accordance with this subdivision. 252AC Stopping, searching or detaining person under 14 years old for prevention of harm etc (1) A police officer may exercise a power to stop, search or detain a person under 14 years old if the officer believes on reasonable grounds that— (a) the power is being exercised in relation to a person who is at least 14 years old; or (b) the person is at risk of engaging in, or has engaged in, any of the following conduct: (i) harm to themselves or someone else; (ii) serious damage to property or the environment or cruelty to an animal; (iii) any other serious or destructive behaviour; or

(c) the exercise of the power is required to ensure the safety of the (2) In exercising the power, the police officer must not detain the person for longer than is necessary and reasonable to— (a) for subsection (1) (a)—determine that the person is under 14 years old; or (b) for subsection (1) (b)—prevent or stop the conduct; or (c) for subsection (1) (c)—ensure the safety of the person. serious or destructive behaviour includes conduct that is an offence punishable, on conviction, by imprisonment. 252AD Stopping, searching or detaining person under 14 years old when relevant to other investigation A police officer may exercise a power to stop, search or detain a person if the person is under 14 years old if the officer— (a) is conducting an investigation into an offence or possible offence committed by another person; and (b) believes on reasonable grounds that the person under 14 years old possesses evidence relevant to the investigation. Note A police officer must not detain a person for longer than is necessary and reasonable to conduct a search (see s 208). 252AE Police action after stopping, searching or detaining person under 14 years old (1) If a police officer stops, searches or detains a person under 14 years old in accordance with this subdivision, the officer may continue the detention of the person for as long as reasonably necessary to take the person to— (a) a parent of the person; or

(b) someone else who has daily care responsibility, or long-term care responsibility, for the person; or (c) if it is not practicable or appropriate to take the person to someone mentioned in paragraph (a) or (b)—another appropriate person or agency. (2) If a police officer takes a person under 14 years old to an appropriate person or agency under subsection (1) (c), the police officer must as soon as practicable give written notice about the matter to— (a) if the person under 14 years old is known to be an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; or (b) in any other case—the public advocate. (3) Written notice under subsection (2) must, as far as practicable, include the following: (a) a description of the person under 14 years old and any known information about the person’s identity; (b) a brief description of the circumstances in which the person was stopped, searched or detained; (c) the address of the place where the person was taken and the contact details of a person at the place with responsibility for the care of the person under 14 years old; (d) the date and time the person was taken to the place. (4) A failure to comply with subsection (2) or (3) does not affect the validity of anything done under subsection (1) (c).