Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 161

Actions against members

    (1)     Where any action is brought against a member of the Police Force for any act done by that member in accordance with the terms of a warrant issued by a Local Court Judge or justice of the peace, such member shall not be responsible for:

        (a)     any irregularity in the issue of such a warrant; or

        (b)     want of jurisdiction in the Local Court Judge or justice of the peace who issued the warrant in respect of which the action is brought.

    (2)     Where, in any action of a kind referred to in subsection (1), a member:

        (a)     produces the warrant to which the action relates;

        (b)     proves that the signature which appears on the warrant and which purports to be that of a Local Court Judge or justice of the peace, is the handwriting of a person whose name appears subscribed on the warrant as a Local Court Judge or justice of the peace;

        (c)     proves that the person referred to in paragraph (b) is reputed to be and acts as a Local Court Judge or justice of the peace, possessing jurisdiction to issue the warrant to which the action relates; and

        (d)     proves that the acts complained of were done in obedience to such warrant,

a verdict shall be found in favour of the member who shall be entitled to recover the cost of the suit as determined by the court before whom the action was brought.



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