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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 2006) - SECT 201

Arrest without warrant

             (1)  If a police officer or a customs officer has reasonable grounds to believe that a person has committed an offence against subsection 53(1) or 59(3), the officer may arrest the person without warrant.

             (2)  If a police officer or a customs officer has reasonable grounds to believe that a person has assaulted any police officer or customs officer in the execution of that officer's duties under this Division, the first‑mentioned officer may arrest the person without warrant.

             (3)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct resists, obstructs or prevents the arrest of a person under this section.

Penalty:  10 penalty units.

             (4)  Subsection (3) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).


 



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