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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129Q
Limit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity
129Q Limit on directing removal of outer garment worn by detained person who
is a child or person with impaired capacity
(1) This section applies if a transit officer gives a direction to remove an
outer garment under this division to a child, or a person with impaired
capacity, who may not be able to understand the purpose of the direction.
(2)
The transit officer must not permit the child or person to remove the outer
garment other than in the presence of— (a) if a responsible person for the
child or person is at or in the immediate vicinity of the place where the
outer garment is to be removed—the responsible person; or
(b)
otherwise—another authorised person.
(3) In this section—
"responsible person" means— (a) for a child— (i) the child’s parent or
guardian; or
(ii) a person who has lawful custody of the child; or
(iii) a
person who has the day-to-day care and control of the child; or
(iv) an adult
relative or friend acceptable to the child; or
(b) for a person with an
impaired capacity—a guardian appointed for the person under the
Guardianship and Administration Act 2000 or an adult relative or friend
acceptable to the person.
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