Document ID: chunk:federal_register_of_legislation:C2024C00591:clause:1a_12
Version: federal_register_of_legislation:C2024C00591
Segment Type: clause
Provision Reference: sch 1A cl 12
Character Range: 396971–397921

12  Power to move detainees
 (1) An officer or a detention officer may:
 (a) take a detainee in Australia to another place in Australia or to a place in an external Territory; and
 (b) take a detainee in an external Territory to another place in the Territory or to a place in Australia or another Territory.
 (2) Subclause (1) does not authorise an officer or detention officer to use more force than is reasonably necessary to take the detainee to the place.
 (3) In exercising the power under subclause (1), the officer or detention officer must have regard to all matters that he or she considers relevant, including:
 (a) the administration of justice; and
 (b) the welfare of the detainee.
 (4) So far as it relates to an officer, subclause (1) has effect, in relation to a person detained in relation to an offence against section 105E, 105EA, 105H or 105I, subject to any limitations set out in the regulations.

Division 5—End of detention