Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_430
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 430
Character Range: 1228294–1229783

430  Powers of arrest
 (1) An authorised officer may, without warrant, arrest any person, if the authorised officer believes on reasonable grounds that:
 (a) the person is committing or has committed an offence against an environmental law; and
 (b) proceedings against the person by summons would not be effective.
 (2) If an authorised officer (subject to subsection (2A)) arrests a person under subsection (1), the authorised officer must:
 (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; and
 (aa) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; and
 (b) in any other case—produce his or her identity card for inspection by that person.
 (2A) Subsection (2) does not apply to an authorised officer if:
 (a) the authorised officer is a member of a police force or an officer of Customs; and
 (b) the officer is in uniform.
 (3) If a person is arrested under subsection (1), an authorised officer must without unreasonable delay bring the person, or cause the person to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.
 (4) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).