Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 29

(1)     In this Division, unless the contrary intention appears—

“authorised officer” means the commissioner of police or a deputy commissioner of police of the Australian Federal Police or a police officer authorised by one of those officers to act under this Division;

“custodial escort” means an escort under the Custodial Escorts Act 1998 other than an escort who is a police officer within the meaning of the Interpretation Act 1967 ;

“police officer” includes a person holding office under an Act or under regulations under an Act and having power by virtue of that Act or those regulations to arrest or detain a person or to take a person into his or her custody but does not include a custodial escort;

“serious offence” means an offence punishable by imprisonment for a period exceeding 1 year;

“to interview” includes to ask questions.

(2)     For the purposes of this Division, a child is under restraint if the child is under restraint—

        (a)     as a result of the child's having been lawfully arrested or detained; or

        (b)     in respect of an offence and a police officer believes on reasonable grounds that—

              (i)     the child has committed the offence; or

              (ii)     he or she would be authorised under a law in force in the Territory to arrest the child for the offence.

(3)     If a child is in the company of a police officer for a purpose connected with the investigation of an offence or a possible offence and the police officer would not allow the child to leave if the child wished to do so, whether or not the police officer has reasonable grounds for believing that the child has committed the offence and whether or not the child is in lawful custody in respect of the offence, the child is, for the purposes of this Division, under restraint.

(4)     For the purposes of this Division, a child is not under restraint if the child is in the company of—

        (a)     a police officer by the roadside, whether or not the child is in a motor vehicle, for a purpose connected with the investigation of an offence, not being a serious offence, arising out of the use of a motor vehicle;

        (b)     a police officer for a screening, breath or blood test under the Road Transport (Alcohol and Drugs) Act 1977 ; or

        (c)     an inspector, within the meaning of the Liquor Act 1975 for a purpose connected with the investigation of an offence under that Act, which the inspector believes on reasonable grounds was not committed by the child.

(5)     For the purposes of this Division, a child is in the company of a police officer for a purpose connected with the investigation of an offence if the child is waiting at a place at the request of a police officer for such a purpose.

(6)     For the purposes of this Division, a reference to a child who has committed an offence includes a reference to a child who has committed an offence with another person or other persons.