Commonwealth Consolidated Regulations

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DEFENCE FORCE DISCIPLINE REGULATIONS 1985 - REG 35

Power of arrest: service policemen and others

         (1)   For the purposes of paragraph 89 (2) (d) of the Act:

                (a)    a police member who is not an officer; or

               (b)    a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer;

does not have power of arrest over an officer unless the service offence concerned is mutiny or a service offence involving disorderly or violent behaviour.

         (2)   For the purposes of paragraph 89 (2) (d) of the Act:

                (a)    a police member who is not a prescribed officer; or

               (b)    a person, who is not a prescribed officer, lawfully exercising authority under or on behalf of a service police officer;

does not have power of arrest over a defence civilian.

         (3)   In subregulation (2), prescribed officer means an officer, a service police warrant officer or a service police non-commissioned officer.



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