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StatuteEnvironment Protection and Biodiversity Conservation Act 1999

Section 430 — Environment Protection and Biodiversity Conservation Act 1999: Powers of arrest

Text of the provision Official document

(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).

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.