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 4
-
Arrest and related matters
SECTION 3X
Arrest of prisoner unlawfully at large
(1)
A
constable may, without warrant, arrest a person whom the constable believes
on reasonable grounds to be a prisoner unlawfully at large.
(2)
The
constable must, as soon as practicable, take the person before a Magistrate.
(3)
If
the Magistrate is satisfied that the person is a prisoner unlawfully at large,
the Magistrate may issue a warrant:
(a)
authorising
any constable to convey the person to a prison or other place of detention
specified in the warrant; and
(b)
directing
that the person, having been conveyed to that place in accordance with the
warrant, be detained there to undergo the term of imprisonment or other detention
that the person is required by law to undergo.
(4)
In
this section:
prisoner
unlawfully at large
means a person who is at large (otherwise
than because the person has escaped from lawful custody) at a time when the
person is required by law to be detained under a provision of a law of the
Commonwealth, including Divisions
6
to 9
, inclusive, of Part
IB
.
History
Definition of ``prisoner unlawfully at large'' amended
by No 41 of 2003, s 3 and Sch 3 item 8, by substituting ``Part IB'' for ``Part
1B'', effective 3 June 2003. For saving provision, see note under s 23C(7).