Section 3WA — Crimes Act 1914: 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.