Document ID: chunk:federal_register_of_legislation:F2018L00265:reg:42
Version: federal_register_of_legislation:F2018L00265
Segment Type: reg
Provision Reference: reg 42
Character Range: 34347–35343

42  Power of arrest
 (1) For the purposes of paragraph 89(2)(d) of the Act:
 (a) a police member who is not an officer; or
 (b) a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer;
does not have a power of arrest over an officer in relation to a service offence unless one or more of the conditions specified in subsection (2) are satisfied.
 (2) The following conditions are specified:
 (a) the service offence involves disorderly or violent behaviour;
 (b) the service offence is an offence under Division 1 or 2 of Part III of the Act (other than section 23 or 24 of the Act);
 (c) the reason for the arrest is the exigencies of service.
 (3) For the purposes of paragraph 89(2)(d) of the Act:
 (a) a police member who is not a designated officer; or
 (b) a person, who is not a designated officer, lawfully exercising authority under or on behalf of a service police officer;
does not have a power of arrest over a defence civilian.