QLDIn ForceAct
Public Safety Preservation Act 1986
sec.32Power to detain
Start here
Get a plain-English read of sec.32
Turn the raw legal text into a practical explanation grounded in Public Safety Preservation Act 1986.
### sec.32 Power to detain
The CBRE commander or a CBRE police officer may detain anyone the commander or police officer considers should be detained for a purpose mentioned in subsection (3) .
However, the CBRE commander or the CBRE police officer may detain a person under subsection (1) only for the time reasonably necessary for the purpose.
A person who requires decontamination may be detained only for the time necessary to ensure the CBR substance no longer poses a risk to the life or health of anyone else.
The purposes are as follows—
to ensure a CBR substance involved in the CBR emergency is contained;
to ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.
The power to detain a person under subsection (1) includes—
power to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and
power to move the person to a place for a purpose mentioned in subsection (3) .
A person detained under this section is not under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .
s 32 ins 2003 No. 46 s 13
amd 2007 No. 34 s 7 sch
(sec.32-ssec.1) The CBRE commander or a CBRE police officer may detain anyone the commander or police officer considers should be detained for a purpose mentioned in subsection (3) .
(sec.32-ssec.2) However, the CBRE commander or the CBRE police officer may detain a person under subsection (1) only for the time reasonably necessary for the purpose. A person who requires decontamination may be detained only for the time necessary to ensure the CBR substance no longer poses a risk to the life or health of anyone else.
(sec.32-ssec.3) The purposes are as follows— to ensure a CBR substance involved in the CBR emergency is contained; to ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.
(sec.32-ssec.4) The power to detain a person under subsection (1) includes— power to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and power to move the person to a place for a purpose mentioned in subsection (3) .
(sec.32-ssec.5) A person detained under this section is not under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .
- (a) to ensure a CBR substance involved in the CBR emergency is contained;
- (b) to ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.
- (a) power to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and
- (b) power to move the person to a place for a purpose mentioned in subsection (3) .