Ses 2 Powers Flashcards
Law Enforcement (Powers and Responsibilities) Act 2002 s.9
Entry powers, breach of peace, Suffered significant physical injury or there is imminent danger of significant physical injury to a person, the body of a person who has died.
Law Enforcement (Powers and Responsibilities) Act 2002 s.11
identity may be required to be disclosed.
Law Enforcement (Powers and Responsibilities) Act 2002 s.19
Power of police officer to request proof of identity
Law Enforcement (Powers and Responsibilities) Act 2002 s.19A
Power of police officers to require removal of face coverings
Law Enforcement (Powers and Responsibilities) Act 2002 s.21
Power to search persons and seize and detain things without a warrant
Law Enforcement (Powers and Responsibilities) Act 2002 s.23
Power to search persons for dangerous implements without a warrant in public places or schools.
Law Enforcement (Powers and Responsibilities) Act 2002 s.27
Power to carry out search on arresrt
Law Enforcement (Powers and Responsibilities) Act 2002 s.28A
Power to carry out search of person in lawful custody after arrest.
Law Enforcement (Powers and Responsibilities) Act 2002 s.36
Power to search vehicles and seize and detain things without a warrant.
Law Enforcement (Powers and Responsibilities) Act 2002 s.36A
Power to stop vehicles.
Law Enforcement (Powers and Responsibilities) Act 2002 s.88
Crime scene powers may be exercised if police officers are lawfully on premises.
Law Enforcement (Powers and Responsibilities) Act 2002 s.92
Exercise of crime scene powers at crime scene, 4 hours metro 6 hours rural.
Law Enforcement (Powers and Responsibilities) Act 2002 s.95
Crime scene powers specific (A-L) if no warrant. directing people to leave/not enter, prevent a person from removing evidence, remove obstructions, investigate, open locked things, photograph. (M-P) seize and detain things, dig up things, remove wall or ceiling linings.
Law Enforcement (Powers and Responsibilities) Act 2002 s.99
- To stop the person committing an offence, or repeating the offence or to stop the person committing another offence
- To stop the person fleeing from a police officer or from the location of the offence.
- To enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false.
- To ensure that the person appears before a court in relation to the offence.
- To obtain property in the possession of the person that is connected with the offence.
- To preserve evidence of the offence or prevent the fabrication of evidence.
- To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence.
- To protect the safety or welfare of any person (including the person arrested).
- Because of the nature and seriousness of the offence.
Law Enforcement (Powers and Responsibilities) Act 2002 s.114
Detention after arrest for the purpose of investigation.
Law Enforcement (Powers and Responsibilities) Act 2002 s.133
Power to take identification particulars. An officer may take all particulars necessary to identify a person who is in lawful custody for an offence.
Law Enforcement (Powers and Responsibilities) Act 2002 s.197
Directions generally relating to public places; obstructing persons or traffic, constitutes harassment or intimidation, causing or likely to cause fear, Unlawfully supplying any prohibited drug, purchasing or procuring a prohibited drug.
Law Enforcement (Powers and Responsibilities) Act 2002 s.198
Move on directions to intoxicated persons in public places.
Law Enforcement (Powers and Responsibilities) Act 2002 s.198A
Giving of directions to groups of persons.
Law Enforcement (Powers and Responsibilities) Act 2002 s.202
Police officers to provide information when exercising powers.
Law Enforcement (Powers and Responsibilities) Act 2002 s.206
Detention of intoxicated persons.
Law Enforcement (Powers and Responsibilities) Act 2002 s.208
Searching detained person.
Mental Health Act s.22
Detention after apprehension by police, for mental health assessment.
Mental Health Act s.81
Searching detained persons.
Poisons and Therapeutic Goods Act 1966 s.43B
Powers of Detention and search.
Road Transport Act 2013 s.142(1)
Removal of dangers and obstructions to traffic.
Road Transport Act 2013 s.169A
Direction to stop light vehicle or light combination, to enable exercise of other powers.
Road Transport Act 2013 s.175
Requirement for driver or rider to produce Australian driver license and state name and address.
Road Transport Act 2013 s.177
Requirement for responsible persons to disclose driver identity.
Road Transport Act 2013 Schedule 3 Clause 3
Power to conduct random breath testing.
Road Transport Act 2013 Schedule 3 Clause 4
Arrest following failed breath test.
Road Transport Act 2013 Schedule 3 Clause 12
Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing.
Law Enforcement (Powers and Responsibilities) Act 2002 s.10
Power to enter to arrest or detain someone or execute a warrant.
Law Enforcement (Powers and Responsibilities) Act 2002 s.82
Entry by invitation
Law Enforcement (Powers and Responsibilities) Act 2002 s.83
Warrant where entry denied or authority to reman refused.
Law Enforcement (Powers and Responsibilities) Act 2002 s.85
Powers that may be exercised on entry into premises
Investigate, Render aid, arrest, prevent commission or further commission of offence.
Law Enforcement (Powers and Responsibilities) Act 2002 s.86
Police may enter and search for firearms.
Law Enforcement (Powers and Responsibilities) Act 2002 s.87
Search and seize powers of a dangerous article or implement
Firearms Act 1996 s.22
Suspension of licence
Firearms Act 1996 s.23
Suspension of licence on making of interim apprehended violence order.
Firearms Act 1996 s.25
Surrender or seizure of firearms when licence suspended or revoked.
Crimes (Domestic and Personal Violence) Act 2007 s.89 and 89A
Detention and direction of the defendant for making and service of provisional AVO.
Crimes (Domestic and Personal Violence) Act 2007 s.90 and 90A
Detention and direction of the defendant for service of order or variation of an order.
Law Enforcement (Powers and Responsibilities) Act 2002 s.13A
Identity of a suspected AVO defendant may be required to be disclosed.
Crimes (Domestic and Personal Violence) Act 2007 s.37
Ancillary property recovery orders may be made.