Victorian Current Acts

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PARLIAMENTARY PRECINCTS ACT 2001 - SECT 21

Power to arrest and detain without warrant

    (1)     An authorised officer may, without warrant, arrest a person who is in the Parliamentary precincts if the authorised officer reasonably believes that the person has committed an offence against section 22 or 23.

S. 21(2) amended by No. 37/2014 s. 10(Sch. item 122.5).

    (2)     If a person is arrested under subsection (1) by an authorised officer who is a police officer or a protective services officer, the authorised officer must as soon as practicable bring the person, or cause him or her to be brought, before the Magistrates' Court to be dealt with according to law.

S. 21(3) amended by No. 37/2014 s. 10(Sch. item 122.5).

    (3)     If a person is arrested under subsection (1) by an authorised officer who is not a police officer or a protective services officer, the authorised officer, using no more force than is reasonably necessary, may detain the person arrested in a suitable place in or near the Parliamentary precincts until the person is delivered into the custody of a police officer under subsection (4).

S. 21(4) amended by No. 37/2014 s. 10(Sch. item 122.5).

    (4)     An authorised officer who detains a person under subsection (3) must as soon as practicable deliver the person into the custody of a police officer to be dealt with according to law.

    (5)     A person may not be detained under this section unless—

        (a)     the person detained is informed of the reasons for the detention; and

        (b)     the authorised officer effecting the detention—

S. 21(5)(b)(i) amended by No. 37/2014 s. 10(Sch. item 122.5).

              (i)     as soon as practicable notifies a police officer of the detention and the reasons for the detention; and

S. 21(5)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 122.5).

              (ii)     requests the assistance of a police officer.

    (6)     Nothing in this section prevents the arrest of a person in accordance with any other law.



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