VICIn ForceAct
Transport (Compliance and Miscellaneous) Act 1983
219Power to arrest suspected offenders
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219 Power to arrest suspected offenders
S. 219(1AA) inserted by No. 45/1999 s. 23(1), substituted as s. 219(1A) by No. 63/1999 s. 10, amended by No. 54/2001 s. 19(1), repealed by No. 101/2003 s. 17(5).
S. 219(1) amended by Nos 45/1999 s. 23(2), 30/2000 s. 21, 101/2003 s. 17(7)(a), 52/2010 s. 34(2), 43/2011 s. 58, 37/2014 s. 10(Sch. item 171.15(a)).
(1) This section applies if a police officer, a protective services officer on duty at a designated place or an authorised officer believes on reasonable grounds that a person has committed an offence against this Act or the regulations or against the **Graffiti Prevention Act 2007**.
S. 219(2) amended by Nos 45/1999 s. 23(3), 101/2003 s. 17(7)(b), 37/2014 s. 10(Sch. item 171.15(b)).
(2) The officer may without warrant arrest the person if the officer believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons—
(a) to ensure the appearance of the person before a court of competent jurisdiction; or
(b) to preserve public order; or
(c) to prevent the continuation or repetition of the offence or the commission of a further offence; or
(d) for the safety or welfare of members of the public or of the person.
S. 219(3) amended by Nos 45/1999 s. 23(4), 101/2003 s. 17(7)(b), 37/2014 s. 10(Sch. item 171.15(b)).
(3) The officer may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest.
(4) If an alleged offender is arrested in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under subsection (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence.
S. 219(5) amended by Nos 101/2003 s. 17(7)(c), 37/2014 s. 10(Sch. item 171.15(c)).
(5) If the person responsible for arresting an alleged offender is not a police officer or an authorised officer, the person must give the alleged offender into the charge of a police officer or an authorised officer as soon as is practicable after arresting the alleged offender (unless subsection (4) applies).
S. 219(6) amended by Nos 101/2003 s. 17(7)(c), 37/2014 s. 10(Sch. item 171.15(d)).
(6) If a police officer or an authorised officer arrests an alleged offender or is given charge of an alleged offender, the officer must convey the alleged offender as soon as is practicable before a bail justice or the Magistrates' Court to be dealt with according to law (unless subsection (4) applies).
S. 219(7) repealed by No. 54/2001 s. 19(2).
S. 219AA inserted by No. 98/1998 s. 32 (as amended by No. 45/1999 s. 43(3)(a)(b)), amended by No. 65/2000 s. 7, repealed by No. 101/2003 s. 17(8).
S. 219A inserted by No. 28/1996
s. 10, repealed by No. 30/2000 s. 22.