Proceedings, other than proceedings concerning negligently causing injury, do not lie against a medical practitioner, or any person assisting or providing facilities to a medical practitioner, in respect of anything done by the medical practitioner under this Division.
Division 1BA—Detention and search of persons for purposes of law enforcement co‑operation
Subdivision A—Preliminary
219ZJA Definitions
In this Division, unless the contrary intention appears:
Commonwealth offence has the same meaning as in Part 1C of the Crimes Act 1914.
frisk search has the same meaning as in Division 1 of Part XII.
national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.
ordinary search has the same meaning as in Division 1 of Part XII.
prescribed State or Territory offence means an offence prescribed for the purposes of section 219ZJAA.
serious Commonwealth offence means an offence against a law of the Commonwealth that is punishable on conviction by imprisonment for 12 months or more.
219ZJAA Prescribed State or Territory offences
(1) The regulations may prescribe offences against the laws of a State or a Territory that are punishable on conviction by imprisonment for a term of at least 3 years.
(2) An offence against a law of a State or Territory must not be prescribed unless:
(a) the Attorney‑General of that State or Territory and the Minister (Police Minister) responsible for the administration of that State’s or Territory’s police force have jointly requested the Minister that the offence be prescribed for the purposes of this Division; or
(b) if the Attorney‑General of the State or Territory is also the Police Minister of the State or Territory—the Attorney‑General has requested the Minister that the offence be prescribed for the purposes of this Division.
Subdivision B—Powers to detain
219ZJB Detention of person suspected of committing serious Commonwealth offence or prescribed State or Territory offence
(1) An officer may detain a person if:
(a) the person is in a designated place; and
(b) the officer has reasonable grounds to suspect that the person has committed, is committing or intends to commit a serious Commonwealth offence or a prescribed State or Territory offence.
(2) The officer must advise a police officer of the person’s detention as soon as practicable after detaining the person.
(3) An officer who is detaining a person under this section must ensure that the person is made available, as soon as practicable, to a police officer to be dealt with according to law.
(4) If an officer who is detaining a person under this section ceases to have reasonable grounds to suspect that the person has committed, was committing or was intending to commit a serious Commonwealth offence or a prescribed State or Territory offence, the officer must release the person from detention immediately.
(5) Subject to subsection (7), if a person is detained under this section for a period of greater than 2 hours, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person’s detention.
(6) Where a person detained under this section wishes to have a family member or another person notified of the person’s detention, the officer must take all reasonable steps to notify the family member or another person.
(7) An officer who is detaining the person under this section may refuse to notify a family member or another person of the person’s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
Note: In relation to references in this section to family member, see also section 4AAA.
219ZJC Detention of person subject to warrant or bail condition
(1) An officer may detain a person if:
(a) the person is in a designated place; and
(b) the officer has reasonable grounds to suspect that the person intends to leave the designated place; and
(c) either:
(i) there is a warrant for the arrest of the person in relation to a Commonwealth offence or a prescribed State or Territory offence; or
(ii) the person is on bail in relation to a Commonwealth offence or a prescribed State or Territory offence and subject to a bail condition (however expressed) that, if complied with, prevents the person from leaving Australia.
(2) The officer must advise a police officer of the person’s detention as soon as practicable after detaining the person.
(3) An officer who is detaining a person under this section must ensure that the person is delivered, as soon as practicable, into the custody of a police officer to be dealt with according to law.
(4) Subject to subsection (6), if a person is detained under this section for a period of greater than 45 minutes, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person’s detention.
(5) Where a person detained under this section wishes to have a family member or another person notified of the person’s detention, the officer must take all reasonable steps to notify the family member or another person.
(6) An officer who is detaining the person under this section may refuse to notify a family member or another person of the person’s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
Note: In relation to references in this section to family member, see also section 4AAA.
219ZJCA Detention of person for national security or security of a foreign country
(1) An officer may detain a person if:
(a) the person is in a designated place; and
(b) the officer is satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country.
(2) An officer who is detaining a person under this section must (subject to subsection (3)) ensure that the person is made available, as soon as practicable, to a police officer in person to be dealt with according to law.
(3) An officer who is detaining a person under this section must release the person from that detention immediately if:
(a) the officer ceases to be satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country; or
(b) the person is made available to a police officer under subsection (2); or
(c) a police officer indicates that the police force to which the police officer belongs has no interest in the person.
(4) Subject to subsection (6), if a person is detained under this section for more than 2 hours, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person’s detention.
(5) Where a person detained under this section wishes to have a family member or another person notified of the person’s detention, the officer must take all reasonable steps to notify the family member or the other person.
(6) An officer who is detaining the person under this section may refuse to notify a family member or another person of the person’s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
Note: In relation to references in this section to family member, see also section 4AAA.
Subdivision C—Matters affecting detention generally
219ZJD Search of person detained under this Division
(1) An officer may, in relation to a person detained under this Division:
(a) conduct a frisk search or an ordinary search of the person; and
(b) search the clothing that the person is wearing and any property under the person’s immediate control, if the officer believes on reasonable grounds that it is necessary to do so;
for the purposes of:
(c) determining whether there is concealed on the person, or in the person’s clothing or property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from detention; or
(d) in the case of a person detained under section 219ZJB—preventing the concealment, loss or destruction of evidence of, or relating to, the offence concerned; or
(e) in the case of a person detained under section 219ZJCA—preventing the concealment, loss or destruction of material of interest for national security or the security of a foreign country.
(2) A search under this section must be conducted:
(a) as soon as practicable after the person is detained; and
(b) by an officer of the same sex as the detained person.
(3) An officer who conducts a search under this section may seize:
(a) any weapon or thing mentioned in paragraph (1)(c); and
(b) anything the officer has reasonable grounds to believe is a thing:
(i) with respect to which an offence has been committed; or
(ii) that will afford evidence of the commission of an offence; or
(iii) that was used, or intended to be used, for the purpose of committing an offence; or
(iv) that is of interest for national security or the security of a foreign country.
(4) An officer who seizes a weapon or other thing under subsection (3) must ensure that it is made available to:
(a) the police officer to whom the person is made available under subsection 219ZJB(3) or 219ZJCA(2); or
(b) the police officer into whose custody the person is delivered under subsection 219ZJC(3).
219ZJE Comptroller‑General of Customs must give directions about detaining persons under this Division
The Comptroller‑General of Customs must, by legislative instrument, give directions:
(a) identifying places at which an officer is permitted to detain a person under this Division (whether by their character under this Act, the amenities available at the places or any other matters); and
(b) specifying such other matters relating to the detention of persons under this Division as the Comptroller‑General of Customs considers appropriate.
219ZJF Detainees to be given reasons for detention and shown identification on request
(1) An officer who detains a person under section 219ZJB or 219ZJC must inform the person, at the time the officer detains the person, of the reason for the person’s detention.
(2) Subsection (1) does not apply if the person, by the person’s own actions, makes it impracticable for the officer to inform the person of the reason.
(3) An officer exercising powers under this Division in relation to a person must produce identification that he or she is an officer when requested by the person to do so.
219ZJG Use of force in relation to detention
(1) An officer exercising powers under this Division in relation to a person must not use more force, or subject the person to greater indignity, than is reasonable and necessary.
(2) Without limiting the generality of subsection (1), an officer must not, in detaining or attempting to detain a person under this Division, or preventing or attempting to prevent a detained person from escaping from detention under this Division, do an act likely to cause death or grievous bodily harm to the person, unless the officer believes on reasonable grounds that doing the act is necessary to protect life or prevent serious injury to the officer or any other person.
219ZJH Moving detained persons
(1) While a person is being taken to a particular place under this Division (except under subsection (2)), the person is regarded as being detained under this Division.
(2) If:
(a) a person detained under this Division is released at any place other than the place at which he or she was first detained; and
(b) the person so requests;
the person must immediately be returned free of charge to the place of the first detention.
219ZJI Detainees not fluent in English
Section 219ZD applies to an officer detaining a person under this Division as if the detention under this Division were detention under Division 1B of this Part.
Note: Section 219ZD requires the officer to take reasonable steps to ensure that a competent interpreter is available for the purposes of communication.
219ZJJ Detention of minors
(1) Subject to subsection (2), an officer who under this Division detains a person who is known or believed to be a minor must:
(a) inform the minor of the right for a parent or guardian or person described in paragraph (c) to be notified of the minor’s detention; and
(b) upon the request of the minor, take all reasonable steps to notify such person and inform them of:
(i) the fact that the minor has been detained; and
(ii) the place in which the minor is being held; and
(iii) the place to which the minor is to be transferred by police, if that place is known at the time of contacting the minor’s parent or guardian; and
(iv) the reason for the minor’s detention, unless the minor is detained under section 219ZJCA; and
(c) if a parent or guardian is not acceptable to the detained minor under this subsection, the detained minor may request that another person who is capable of representing the interests of the minor be notified.
(2) An officer who under this Division detains a person who is known or believed to be a minor may refuse to notify a parent or guardian or person described in paragraph (1)(c) of the person’s detention if the officer believes on reasonable grounds that such notification should not be made in order to:
(a) safeguard national security, the security of a foreign country or the processes of law enforcement; or
(b) protect the life and safety of any person.
(3) If at the time of notifying the parent or guardian, the officer is not aware of the place referred to in subparagraph (1)(b)(iii), the officer must:
(a) contact the parent or guardian or other person described in paragraph (1)(c) immediately after that place becomes known to the officer; and
(b) inform the parent or guardian of that place.
(4) An officer who under this Division detains a person who is known or believed to be a minor must, at the time of advising a police officer of the minor’s detention in accordance with subsection 219ZJB(2) or 219ZJC(2), advise the police officer of the fact that the detained person is a minor, or is believed to be a minor.
(5) For the purposes of this section, a minor is considered to be any person under the age of 18 years.
Division 1C—Judges and Magistrates
219ZK Nature of functions of Judge or Magistrate
(1) Where this Part confers on a Judge or Magistrate the function of issuing a warrant or giving an order, the function is so conferred on the Judge or Magistrate in a personal capacity and not as a court or a member of a court.
(2) Without limiting the generality of subsection (1), a warrant or order issued or given by a Judge or Magistrate under this Part has effect only by virtue of this Act and is not to be taken by implication to be issued or given by a court.
219ZL Protection of Judge or Magistrate
(1) A Judge of the Federal Court of Australia, of the Supreme Court of the Australian Capital Territory or of the Federal Circuit and Family Court of Australia (Division 1) has, in performing a function of, or connected with, issuing a warrant or giving an order under this Part, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(2) A Judge of the Supreme Court of a State, or a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in subsection (1), has, in performing a function of, or connected with, issuing a warrant or giving an order under this Part, the same protection and immunity as if he or she were performing that function as that Supreme Court or as a member of that Supreme Court.
(3) A Magistrate performing a function of, or connected with, issuing a warrant or giving an order under this Part has the same protection and immunity as if he or she were performing that function as a Magistrates Court or as a member of a Magistrates Court.
(3A) A Judge, or acting Judge, of the Local Court of the Northern Territory performing a function of, or connected with, issuing a warrant or giving an order under this Part has the same protection and immunity as if he or she were performing that function as that Local Court or as a Judge of that Local Court.
(4A) No civil or criminal action is to be brought against a Justice in respect of anything done, or omitted to be done, in performing the function of, or a function connected with, making an order under section 219R.
Division 2—Protection to officers
220 Reasonable cause for seizure a bar to action
No person shall be liable for any seizure under this Act for which there shall have been reasonable cause, and when any claimant recovers any ship aircraft or goods seized or any proceeds thereof and at the same time reasonable cause for the seizure is found such finding shall bar all proceedings against all persons concerned in the seizing.