Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 116KH

Safeguards for exercise of powers

    (1)     This section applies to a member who exercises a power under a hand held scanner authority to require a person to stop and submit, or resubmit, to the use of a hand held scanner.

    (2)     The member must exercise the power in the least invasive way that is practicable in the circumstances.

    (3)     If reasonably practicable, the member must be of the same sex as the person.

    (4)     The member may detain the person for so long as is reasonably necessary to exercise the power.

    (5)     The member must:

        (a)     if requested by the person before or at any time during the exercise of the power – inform the person of the member's name, rank and place of duty; and

        (b)     if requested by the person – give the information mentioned in paragraph (a) in writing; and

        (c)     produce the member's identification for inspection by the person unless the member is in uniform; and

        (d)     inform the person that the person is required to allow the member to use a hand held scanner to determine whether the person is carrying a restricted weapon.



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