New South Wales Consolidated Acts
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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 7C
Power of detention to enable notice to be given
7C Power of detention to enable notice to be given
(1) A police officer may exercise a power of detention under this section only
if-- (a) there are reasonable grounds to suspect that a person is a
registrable person and that the person has not been given notice, or is
otherwise unaware, of the person's reporting obligations, and
(b) all other
reasonably appropriate means of determining whether the person is a
registrable person, or of notifying the person of reporting obligations, as
the case requires, have been taken.
(2) A police officer may detain the
person if it is reasonably necessary to do so-- (a) to enable a determination
as to whether or not the person is a registrable person or, if the person is a
registrable person, as to whether or not the person has been given notice, or
is aware, of the person's reporting obligations, or
(b) to enable the person
to be given notice of those obligations if the person is not aware of them.
(3) In detaining the person, the police officer must tell the person-- (a) why
the person is being detained, and
(b) that the detention is authorised under
this Act, and
(c) that the person will be released immediately after the
purpose of the detention is fulfilled.
(4) The detained person-- (a) must not
be held for a period that is longer than is reasonably necessary to enable the
purpose of the detention to be fulfilled, and
(b) must not be held merely
because the person has refused to sign an acknowledgement that the person has
been given notice of the person's reporting obligations, and
(c) must be
released immediately after the purpose of the detention is fulfilled.
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