Part 16Provisions enabling police security officers to perform certain additional duties

Part 16—Provisions enabling police security officers to perform certain additional duties 94—Interpretation In this Part— additional duties means the additional duties set out in regulation 95A. Note— The Commissioner may impose 1 or more of those additional duties on police security officers generally, a class of police security officers of which a police security officer is a member, or a police security officer personally—see section 63M of the Act. 95—Application of Part (1) This Part applies to police security officers, a class of police security officers, or a specified police security officer or officers who are, pursuant to regulations made under section 63D(2) of the Act, able to perform additional duties. (2) Nothing in this Part limits the Commissioner's ability to impose limitations on the powers of a police security officer to whom this Part applies under section 63O of the Act. (3) Nothing in this Part limits or derogates from any other powers of a police security officer under the Act or any other Act or law. 95A—Additional duties Pursuant to section 63D(2) of the Act, a police security officer may perform the following additional duties: (a) guarding persons in the custody of South Australia Police; (b) conveying persons in the custody of South Australia Police; (c) conveying children under the guardianship of the Chief Executive of the Department for Child Protection; (d) undertaking duties at events and incidents; (e) undertaking Operation NOMAD duties; (f) implementing and maintaining traffic cordon at events and incidents; (g) guarding crime scenes; (h) conveying and guarding exhibit property; (i) recovering stolen and abandoned vehicles; (j) undertaking related duties by order of another person possessing the requisite authority. Division 2—Provisions enabling police security officers to perform additional duties 96—Power of detention of certain police security officers Pursuant to section 63D(2) of the Act, a police security officer to whom this Part applies, without any warrant other than this Part, at any hour of the day or night, may, in the course of performing additional duties, detain any person whom the police security officer finds committing, or has reasonable cause to suspect of having committed, or being about to commit, an offence. 97—Person detained by police security officer without warrant—how dealt with (1) Pursuant to section 63D(2) of the Act, a person who is detained without warrant by a police security officer to whom this Part applies must, as soon as reasonably practicable, be delivered into the custody of a police officer. (2) Pursuant to section 63D(2) of the Act, if a police officer decides not to accept custody of a person detained by a police security officer, the police security officer must ensure that the person is, if the person so requires— (a) returned to the place of detention; or (b) delivered to another place that may be reasonably nominated by the person. (3) To avoid doubt, nothing in this Division limits any other power or discretion that a police officer to whom a person is delivered under subregulation (1) has in relation to the person. Example— A police officer may, for example, give the person a formal caution, release the person without charge or decide to report the person for the relevant offence. (4) A police security officer may use reasonable force for the purposes of detaining a person under regulation 96. 98—Other powers etc of police security officers (1) Pursuant to section 63D(2) of the Act, but subject to this Part and to any limitations imposed by the Commissioner, a police security officer to whom this Part applies— (a) has, in the course of performing additional duties, the same powers, responsibilities and immunities as a member of SA Police; and (b) has, in addition to the powers, privileges, duties and responsibilities conferred or imposed by this or any other Act, all such powers, privileges, duties and responsibilities as a constable has by the common law. (2) A police security officer performing duties under the Act (including, to avoid doubt, additional duties contemplated by section 63D(2) of the Act) has the powers conferred by section 63N of the Act, subject to the following limitations: (a) the powers may only be exercised by a police security officer who has completed such training relating to protective security duties as may be determined by the Commissioner; (b) the powers may only be exercised by a police security officer who has been assessed as competent to undertake protective security duties in accordance with any determination of the Commissioner; (c) the powers may only be exercised by a police security officer acting with the authority of a police officer or police security officer who may themselves exercise such powers. Division 3—Miscellaneous 99—Application of section 82A of Summary Offences Act 1953 Pursuant to section 63D of the Act, section 82A of the Summary Offences Act 1953 applies to a police security officer to whom this Part applies as if a reference in that section to a police officer were a reference to a police security officer. 100—Form of oath or affirmation (1) For the purposes of section 63G of the Act, the form of the oath or affirmation to be made by a police security officer on appointment is as set out in Schedule 3A. (2) An oath or affirmation in the form specified in Schedule 3A may be made before a justice of the peace for South Australia or of another State or a Territory of the Commonwealth. 101—Liability for loss of equipment A police security officer to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of the police security officer's negligence. 102—Offence for former police security officers to use or disclose information (1) A person who has been a protective security officer (within the meaning of the Protective Security Act 2007) or police security officer must not, after the person ceases to be a protective security officer or police security officer (as the case requires), use or disclose information gained by virtue of that appointment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were a police security officer. Penalty: $1 250. (2) It is a defence to a charge of an offence against subregulation (1) if the person charged proves that they had lawful authority or excuse to so use or disclose the information.