Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

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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 3Z   Power of arrest without warrant by other persons  

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(1)    
A person who is not a constable may, without warrant, arrest another person if he or she believes on reasonable grounds that:

(a) the other person is committing or has just committed an indictable offence; and

(b) proceedings by summons against the other person would not achieve one or more of the purposes referred to in paragraph 3W(1)(b) .

(2)    
A person who arrests another person under subsection (1) must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable.

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