Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_3wa
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 3WA
Character Range: 24796–26210

3WA  Constables' power of arrest without warrant for a terrorism offence or offence of advocating terrorism
 (1) A constable may, without warrant, arrest a person for a terrorism offence or an offence against section 80.2C of the Criminal Code if the constable suspects on reasonable grounds that:
 (a) the person has committed or is committing the offence; and
 (b) proceedings by summons against the person would not achieve one or more of the following purposes:
 (i) ensuring the appearance of the person before a court in respect of the offence;
 (ii) preventing a repetition or continuation of the offence or the commission of another offence;
 (iii) preventing the concealment, loss or destruction of evidence relating to the offence;
 (iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;
 (v) preventing the fabrication of evidence in respect of the offence;
 (vi) preserving the safety or welfare of the person.
 (2) If:
 (a) a person has been arrested for an offence under subsection (1); and
 (b) before the person is charged with the offence, the constable in charge of the investigation ceases to suspect on reasonable grounds:
 (i) that the person committed the offence; or
 (ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);
the person must be released.