Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 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).


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