South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269NF

269NF—Powers of police officers relating to persons in respect of whom an administrative detention order has been issued

        (1)         This section applies to a person in respect of whom an administrative detention order has been issued under section 269NE.

        (2)         A police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:

            (a)         the police officer may take the person into the officer's care and control;

            (b)         the police officer may transport the person from place to place;

            (c)         the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;

            (d)         the police officer may enter and remain in a place where the officer reasonably suspects the person may be found;

            (e)         the police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into the officer's care and control;

            (f)         the police officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to the person's self or others or property.

        (3)         A police officer who takes the person into the officer's care and control must, as soon as practicable, transport the person, or arrange for the person to be transported by some other police officer, in accordance with the administrative detention order.

        (4)         The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.

        (5)         A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.

        (6)         Anything taken into the possession of a police officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.