Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 3B
-
Identity information requirements, and move-on powers, at airports
History
Div 3B substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020.
Div 3B inserted by No 167 of 2012, s 3 and Sch 2 item 8, applicable in relation to persons reasonably suspected of offences whether the offences are suspected of having been committed before, on or after 29 November 2012.
SECTION 3UT
Constables
'
and protective service officers
'
duties at airports
Scope of section
(1)
A constable or protective service officer must comply with this section in relation to a direction given to a person under:
(a)
section
3UP
(identity information at airports); or
(b)
section
3UQ
(move-on directions at airports).
Evidence of constable
'
s or protective service officer
'
s status or identity etc.
(2)
The constable or officer must:
(a)
if not in uniform
-
before the direction is given, show the person evidence that the constable is a constable, or that the officer is an officer; and
(b)
if the person so requests before or after the direction is given
-
comply with subsection (3); and
(c)
in any case
-
before the direction is given, inform the person that it may be an offence not to comply with the direction, or to give the constable or officer a false or misleading document, or false or misleading information, in response to the direction.
(3)
The constable or officer must give the person any of the following information if requested by the person:
(a)
the constable
'
s or officer
'
s name;
(b)
the address of the constable
'
s or officer
'
s place of duty;
(c)
the constable
'
s or officer
'
s identification number (if any);
(d)
if the constable or officer has no identification number
-
the constable
'
s or officer
'
s rank.
History
S 3UT inserted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020.