Commonwealth Numbered Regulations

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DEFENCE FORCE DISCIPLINE REGULATIONS 2018 (F2018L00265) - REG 42

Power of arrest

             (1)  For the purposes of paragraph 89(2)(d) of the Act:

                     (a)  a police member who is not an officer; or

                     (b)  a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer;

does not have a power of arrest over an officer in relation to a service offence unless one or more of the conditions specified in subsection (2) are satisfied.

             (2)  The following conditions are specified:

                     (a)  the service offence involves disorderly or violent behaviour;

                     (b)  the service offence is an offence under Division 1 or 2 of Part III of the Act (other than section 23 or 24 of the Act);

                     (c)  the reason for the arrest is the exigencies of service.

             (3)  For the purposes of paragraph 89(2)(d) of the Act:

                     (a)  a police member who is not a designated officer; or

                     (b)  a person, who is not a designated officer, lawfully exercising authority under or on behalf of a service police officer;

does not have a power of arrest over a defence civilian.



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