Section 17 - Law Enforcement (Powers and Responsibilities) Regulation 2016 - Order of preference in relation to places of detention

17Order of preference in relation to places of detention

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17 Order of preference in relation to places of detention

(1) A police station or place of detention to which a person is taken to be detained under Part 9 of the Act must be a designated police station, or designated place of detention, at which there is an appointed custody manager who is available to act as the custody manager for the person.

(2) If it is not reasonably practicable to comply with subclause (1), the person may be detained at a designated police station, or designated place of detention, at which there is a police officer who (while not an appointed custody manager) is available to act as the custody manager for the person.

(3) If it is not reasonably practicable to comply with subclause (1) or (2), the person may be detained at any police station or place of detention at which there is a police officer who is available to act as the custody manager for the person.

(4) If it is not reasonably practicable to comply with subclause (1), (2) or (3), the person may be detained at any place of detention.

(5) This clause does not apply if the person is detained by a police officer in the officer’s capacity as a member of the staff of the New South Wales Crime Commission or a member of the staff of the Australian Crime Commission, as referred to in clause 19.