Police Powers

Question 1

What section gives Police the power to enter in emergencies?

Answer 1

S.9 Power to enter in emergencies

(1) A police officer may enter premises if the police officer believes on reasonable grounds that:

(a) A breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or
(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or
(C) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

Question 2

Considerations to Section 9

Answer 2

(1A) Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector.
(2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.

Question 3

What section give Police the power to enter to arrest or detain someone or execute warrant?

Answer 3

S.10 Power to enter to arrest or detain someone or execute warrant

(1) A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.
(2) However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.
(3) A police officer who enters premises under this section may search the premises for the person.
(4) This section does not authorise a police officer to enter premises to detain a person under an Act if the police officer has not complied with any requirements imposed on the police officer under that Act for entry to premises for that purpose.

Question 4

What section is Identity may be required to be disclosed?

Answer 4

S.11 Identity may be required to be disclosed

(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.

Question 5

What section is Failure to disclose identity?

Answer 5

S. 12 Failure to disclose identity

A person who is required by a police officer in accordance with section 11 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.

Question 6

What section is False or misleading information about identity?

Answer 6

S.13 False or misleading information about identity

A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address.

Question 7

What section is give Police the power to request proof of identity?

Answer 7

S.19 Power of police officer to request proof of identity

A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.

Question 8

What section gives Police the power to require removal of face coverings for identification purposes?

Answer 8

19A Power of police officer to require removal of face coverings for identification purposes

(1) A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person’s face if—
(a) the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
(b) the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars.

Question 9

Considerations for Removal of face coverings

Answer 9

(3) A police officer who requires a person to remove a face covering under this section must, as far as is reasonably practicable, ensure that the following procedures are followed:

(a) the police officer must ask for the person’s co-operation,
(b) the viewing of the person’s face must be conducted—
(i) in a way that provides reasonable privacy for the person if the person requests privacy, and
(ii) as quickly as is reasonably practicable.

Question 10

What section is Failure to remove face covering?

Answer 10

S.19B Failure to remove face covering

(1) A person who is required by a police officer in accordance with section 19A to remove a face covering must not, without special justification, fail or refuse to comply with the requirement.

Question 11

What section gives Police the power to search persons and seize and detain things without warrant?

Answer 11

S.21 Power to search persons and seize and detain things without warrant

A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists:

1. Anything stolen or otherwise unlawfully obtained.
2. Anything used or intended to be used in or in connection with the commission of a relevant offence.
3. Under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence.
4. Prohibited plant or a prohibited drug.

Question 12

Under section 21 what can a police officer seize and detain?

Answer 12

A police officer may seize and detain—

(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained,
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug.

Question 13

What is section 21A?

Answer 13

S. 21A Ancillary power to search persons

In conducting a search of a person under section 21, a police officer may, if the police officer suspects on reasonable grounds that a thing referred to in section 21(1)(a), (b), (c) or (d) is concealed in the person’s mouth or hair, require the person:

1. to open his or her mouth to enable it to be searched, or
2. to shake, or otherwise move, his or her hair.

Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.

Question 14

What is section 23?

Answer 14

S.23 Power to search persons for dangerous implements without warrant in public places and schools

(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.

(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.

(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.

(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

(5) A police officer may seize and detain anything found as a result of a search under this section that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in the person’s possession or under the person’s control.

Question 15

What is section 22?

Answer 15

S.22 Power to seize and detain dangerous articles on premises

A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.

Question 16

What is section 23?

Answer 16

S.23 Power to search persons for dangerous implements without warrant in public places and schools

(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.
(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.
(5) A police officer may seize and detain anything found as a result of a search under this section that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in the person’s possession or under the person’s control.

Question 17

What section is gives Police the power to carry out search on arrest?

Answer 17

S.27 Power to carry out search on arrest

(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—

(a) that would present a danger to a person.
(b) that could be used to assist a person to escape from lawful custody.
(c) that is a thing with respect to which an offence has been committed.
(d) that is a thing that will provide evidence of the commission of an offence.
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Question 18

What section gives Police the power to search a person’s mouth and hair?

Answer 18

S. 28 Ancillary power to search persons

(1) In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person’s mouth or hair, require the person—
(a) to open his or her mouth to enable it to be searched, or
(b) to shake, or otherwise move, his or her hair.

(2) Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.

Question 19

What section is gives Police the power to carry out a search of a person in lawful custody after arrest?

Answer 19

S.28A Power to carry out search of person in lawful custody after arrest

(1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.

(2) Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.

Question 20

What is the section for strip searches?

Answer 20

S.31 Strip searches

A police officer may carry out a strip search of a person if—
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.

Question 21

what is the section for that states preservation of privacy and dignity during strip seaches?

Answer 21

S.32 Preservation of privacy and dignity during search

(1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search—
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.

Question 22

Rules of conduct of strip seaches

Answer 22

S. 33 Rules for conduct of strip searches

(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
(2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.
(3A) Subsection (3) does not apply if a police officer suspects on reasonable grounds that—
(a) delaying the search is likely to result in evidence being concealed or destroyed, or
(b) an immediate search is necessary to protect the safety of a person.
In such a case, the police officer must make a record of the reasons for not conducting the search in the presence of a parent or guardian, or other person capable of representing the interests, of the person being searched.

Question 23

Can you strip seach a child under 10 years of age?

Answer 23

S.34 No strip searches of children under 10 years

A strip search must not be conducted on a person who is under the age of 10 years.

Question 24

What section is searches carried out with consent?

Answer 24

S.34A Searches carried out with consent

(1) A police officer may search a person with the person’s consent but only if the police officer has sought the person’s consent before carrying out the search.
(2) A police officer must, before carrying out any such consensual search, provide the person with—
(a) evidence that the police officer is a police officer (unless the police officer is in uniform), and
(b) the name of the police officer and his or her place of duty.

Question 25

What is the section that gives police to search vehicles and seize things without warrant?

Answer 25

S.36 Power to search vehicles and seize things without warrant

1) PO may, without a warrant, stop, search and detain a vehicle if suspects on reasonable grounds:
a) Vehicle or person in vehicle contains stolen/unlawfully obtained property
b) Vehicle is being/was used in connection with relevant offence
c) Vehicle contains anything used in connection with relevant offence
d) Vehicle in public place and contains dangerous article in connection with relevant offence
e) Prohibited drug or plant
f) Circumstances exist on or in vicinity of a public place or school that are likely to give rise to serious risk to public safety and that the exercise of the powers may lessen the rise

Question 26

What section gives police the power to stop vehicles?

Answer 26

S.36A Power to stop vehicles
A police officer may stop a vehicle if the police officer suspects on reasonable grounds that the driver of, or a passenger in or on, the vehicle is a person in respect of whom the police officer has grounds to exercise a power of arrest or detention or a search power under this Act or any other law.

Question 27

What section is entry by invitation (DV) ?

Answer 27

S.82 Entry by invitation

(1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes—
(a) to investigate whether a domestic violence offence has been committed,
(b) to take action to prevent the commission or further commission of a domestic violence offence.
(2) However, a police officer may not enter or remain in a dwelling merely because of any such invitation if—
(a) authority to so enter or remain is expressly refused by an occupier of the dwelling, and
(b) the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3) or (3A)) to so enter or remain.
(3) A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.

Question 28

What section is entry by warrant where entry denied (DV)?

Answer 28

S.83 Warrant where entry denied or authority to remain refused

(1) A police officer may apply to an authorised officer for a warrant if the police officer—
(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
(b) the police officer suspects that—
(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
(2) An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer—
(a) to enter or remain in the dwelling, and
(b) to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.

Question 29

What section is obstruction or hindrance of person executing warrant (DV)?

Answer 29

S.84 Obstruction or hindrance of person executing warrant or exercising power under this Part

A person must not, without reasonable excuse, obstruct or hinder a person executing a warrant issued under this Part or a police officer who is exercising a power under this Part.

Question 30

What section gives Police powers that may be exercised on entry into premises (DV)?

Answer 30

S. 85 Powers that may be exercised on entry into premises

(1) A police officer who enters a dwelling pursuant to a power conferred by or under this Part is to take only the action in the dwelling that is reasonably necessary—
(a) to investigate whether a domestic violence offence has been committed, and
(b) to render aid to any person who appears to be injured, and
(c) to exercise any lawful power to arrest a person, and
(d) to prevent the commission or further commission of a domestic violence offence.
(2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.

Question 31

What section gives Police the power to enter and search for firearms (DV)?

Answer 31

S.86 Police may enter and search for firearms

(1) A police officer who, on an inquiry under section 85, is informed that there is no firearm in the dwelling but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.
(2) A police officer who believes on reasonable grounds that—
(a) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, otherwise than in a dwelling, and
(b) any of the persons concerned may have a firearm in a dwelling,
must apply to an authorised officer for the issue of a search warrant.
(3) In addition to any other powers of an authorised officer under Part 5, an authorised officer who issues a search warrant that a police officer is required to apply for under this section may, in the warrant, authorise any police officer—
(a) to enter and search the dwelling concerned for firearms, and
(b) to seize and detain any firearms that may be found in the dwelling.
(4) This section does not apply to a police officer if the circumstances are such that the police officer has power to search and seize a dangerous article under another provision of this Act or another law.

Question 32

What section gives Police the power to search and seize (DV)?

Answer 32

S.87 Search and seizure powers

A police officer who enters a dwelling under a power conferred by or under this Act and who believes, on reasonable grounds, that—
(a) a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and
(b) that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.

Question 33

What section gives Police the power to arrest without an warrant?

Answer 33

S. 99 Power to arrest without a warrant
​
FINECHAPS

Police officer may, without a warrant, arrest a person if they suspect on reasonable grounds that the person is/has committed an offences AND

Arrest is reasonably necessary for one or more of the following reasons:
​
F- Stop the person fleeing from police or location of offence
I - Establish ID if cannot be established or false ID provided
N - Nature and Seriousness of offence
E - Preserve evidence or prevent fabrication of evidence
C - Stop the person committing or repeating further offences
H- Prevent harassment or interference of any person who may give evidence
A - Ensure Appearance at court
P - Obtain property in possession of person connected to the offence
S - To protect the safety or welfare of any person including the accused

Question 34

1.

What section gives the power to other persons to arrest without an warrant?

Answer 34

S.100 Power of other persons to arrest without warrant

(1) A person (other than a police officer) may, without a warrant, arrest a person if—
(a) the person is in the act of committing an offence under any Act or statutory instrument, or
(b) the person has just committed any such offence, or
(c) the person has committed a serious indictable offence for which the person has not been tried.
(2) A person who arrests another person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.

Question 35

What section gives Police the power to arrest with an warrant?

Answer 35

S.101 Power to arrest with warrant

(1) A police officer acting in accordance with a warrant issued under any Act or law may arrest or deal with the person named in the warrant in accordance with the warrant.
(2) The police officer may take action whether or not the warrant is in his or her possession.

Question 36

What section gives Police the power to arrest persons who are unlawfully at large?

Answer 36

S.102 Power to arrest persons who are unlawfully at large

(1) A police officer may, with or without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is a person who is unlawfully at large.
(2) A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.
(3) The authorised officer may, by warrant, commit the person to a correctional centre, to be kept in custody under the same authority, and subject to the same conditions and with the benefit of the same privileges and entitlements, as would have applied to the person if the person had not been unlawfully at large.
(4) In this section, a reference to a person unlawfully at large is a reference to a person who is at large (otherwise than because of escaping from lawful custody) at a time when the person is required by law to be in custody in a correctional centre.

Question 37

What section gives Police the power to arrest for an warrant?

Answer 37

S.103 Warrant for arrest of person unlawfully at large

(1) A police officer may apply to an authorised officer for a warrant for the arrest of a person if the police officer suspects on reasonable grounds that the person is a person who is unlawfully at large.
(2) The authorised officer may issue the warrant if satisfied that there are reasonable grounds for doing so.
(3) The regulations may make provision for or with respect to the form of, and other requirements relating to, a warrant issued under this section.

Question 38

What section give Police the power to arrest for interstate offences?

Answer 38

S.104 Power to arrest for interstate offences

(1) This section applies to an offence (an interstate offence)—
(a) that is an offence against the law of a State (other than New South Wales) or a Territory, and
(b) that consists of an act or omission that, if it occurred in New South Wales, would constitute an indictable offence or an offence punishable by imprisonment for 2 years or more.
(2) A police officer may, at any hour of the day or night and without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an interstate offence.

Question 39

What section give Police the power to discontinue arrest?

Answer 39

S.105 Arrest may be discontinued

(1) A police officer may discontinue an arrest at any time.
(2) Without limiting subsection (1), a police officer may discontinue an arrest in any of the following circumstances—
(a) if the arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason,
(b) if it is more appropriate to deal with the matter in some other manner, including, for example, by issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997.
(3) A police officer may discontinue an arrest despite any obligation under this Part to take the arrested person before an authorised officer to be dealt with according to law.

Question 40

What section gives Police the power to give a move on direction?

Answer 40

S.197 Directions generally relating to public places

(1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as relevant conduct)—
(a) is obstructing another person or persons or traffic, or
(b) constitutes harassment or intimidation of another person or persons, or
(c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or
(d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or
(e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.
(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of—
(a) reducing or eliminating the obstruction, harassment, intimidation or fear, or
(b) stopping the supply, or soliciting to supply, of the prohibited drug, or
(c) stopping the obtaining, procuring or purchasing of the prohibited drug.
(3) The other person or persons referred to in subsection (1) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.
(4) For the purposes of subsection (1)(c), no person of reasonable firmness need actually be, or be likely to be, present at the scene.

Question 41

What section gives Police the power to give a move on direction (Intoxicated)?

Answer 41

S.198 Move on directions to intoxicated persons in public places

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct)—
(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
(b) is disorderly.
(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of—
(a) preventing injury or damage or reducing or eliminating a risk to public safety, or
(b) preventing the continuance of disorderly behaviour in a public place.
(3) The period during which a person may be directed not to return to a public place is not to exceed 6 hours after the direction was given.
(4) The other person or persons referred to in subsection (1)(a) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.
(5) For the purposes of this section, a person is intoxicated if—
(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.
(6) A police officer must give to a person to whom the officer gives a direction under this section (being a direction on the grounds that the person is intoxicated and disorderly in a public place) a warning that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given. The warning is in addition to any other warning required under Part 15.
Note—
See relevant offence under section 9 of the Summary Offences Act 198

Question 42

What section is for failing to comply with a direction?

Answer 42

S.199 Failure to comply with direction

(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part.
Maximum penalty—2 penalty units.
(2) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct or any other relevant conduct.

Question 43

What section provides the powers that the safeguards apply to?

Answer 43

S.201 Police powers to which this Part applies
(1) This Part applies to the exercise of the following powers by police officers—

(a) a power to stop, search or arrest a person,
(b) a power to stop or search a vehicle, vessel or aircraft,
(c) a power to enter or search premises,
(d) a power to seize property,
(e) a power to require the disclosure of the identity of a person (including a power to require the removal of a face covering for identification purposes),
(f) a power to give or make a direction, requirement or request that a person is required to comply with by law,
(g) a power to establish a crime scene at premises (not being a public place).
This Part applies (subject to subsection (3)) to the exercise of any such power whether or not the power is conferred by this Act.2) This Part does not apply to the exercise of any of the following powers of police officers—
(a) a power to enter or search a public place,
(b) a power conferred by a covert search warrant,
(c) a power to detain an intoxicated person under Part 16.
(3) This Part does not apply to the exercise of a power that is conferred by an Act or regulation specified in Schedule 1.

Question 44

What is the section provides the safeguards when exercising a power?

Answer 44

S. 202 Police officers to provide information when exercising powers

(1) A police officer who exercises a power to which this Part applies must provide the following to the person subject to the exercise of the power

(a) evidence that the police officer is a police officer (unless the police officer is in uniform),
(b) the name of the police officer and his or her place of duty,
(c) the reason for the exercise of the power.

(2) A police officer must comply with this section—
(a) as soon as it is reasonably practicable to do so, or
(b) in the case of a direction, requirement or request to a single person - before giving or making the direction, requirement or request.

Question 45

What is the section that give Police the power to use force generally?

Answer 45

S.230 Use of force generally by police officers
It is lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Question 46

What is the section that gives Police the power to use force on arrest?

Answer 46

S.231 Use of force in making an arrest
A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.