Part II: The Police Force
Core functions (section 5(2)): The Force must perform its five core functions. These functions define the scope of the powers conferred in Part VII and the "function" concept in the section 148B protection.
Member's common law powers (section 25): Members perform duties and have powers conferred "by any law in force in the Territory". This includes common law powers of arrest and the power to use reasonable force. The Queen v Rolfe [2021] HCA 38 confirmed that section 148B applies to these common law powers as conferred by section 25, and to the statutory arrest power in section 124.
Oath (section 38): No member may exercise powers unless they have taken and subscribed an oath in the form in the Schedule.
Part IV: Discipline
Duties and obligations (Division 1): Members must comply with the Act, general orders and lawful directions. A member who fails to comply commits a breach of discipline.
Public interest dismissal (Division 2): The Commissioner may dismiss a member whose continued employment would not be in the public interest. Procedural requirements must be followed.
Disciplinary powers (Division 3): The Commissioner may take disciplinary action including a formal warning, reduction in rank, fine or dismissal. Appeals to the Police Appeals Tribunal are available under Part VI.
Part VII: Police powers
Search warrants (sections 117, 118): A magistrate or justice may issue a search warrant on application. Telephone warrants may be issued in urgent circumstances (section 118). Urgent warrantless searches may be conducted where there is a risk to life or evidence might be lost if a warrant is sought (section 119).
Arrest without warrant (section 123): A member may arrest without warrant a person the member has reasonable cause to believe has committed or is committing an offence. The arrest must be followed by production before a court as soon as reasonably practicable (Part VII, Division 6).
Arrest with warrant (section 124): A member may arrest a person pursuant to a warrant issued by a judge or justice.
Use of police dogs and horses (Division 1A): Members may use police dogs and horses for search, investigation and enforcement purposes under section 116C to 116G. The use of detection dogs may constitute reasonable grounds for a warrantless search under section 116F.
Handheld scanners (Division 1C): A senior member of prescribed rank may authorise the use of handheld metal detectors in a designated scanning area or on a public transport route (section 116KC). Use is subject to safeguards and record-keeping requirements. Failure to comply with a requirement to submit to a scan is an offence (section 116KI).
Forensic examinations (Division 7): Powers to take DNA samples, photographs, fingerprints and other forensic material from persons in custody. Separate provisions apply to blood testing for infectious diseases following certain incidents (Division 7AA).
Crime scenes (Division 7A): A member may declare an area a crime scene and restrict access to preserve evidence.
Public disorder powers (Division 5A): Where the Commissioner makes a public disorder declaration (a declaration that a public disorder is occurring or is imminent in a stated area), members have special powers to stop and search, give directions and remove persons from the declared area (section 135D). The Commissioner must report to the Ombudsman after each public disorder declaration (section 135H).