PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 33 Powers of arrest
PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 33
Powers of arrest(1) An inspector may, without warrant, arrest any person if the inspector believes on reasonable grounds:
(a) that the person is committing or has committed an offence against this Act; and
(b) that proceedings against the person by summons would not be effective.
(2) Where a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause the person to be brought, before a Magistrate or other proper authority to be dealt with in accordance with law.
(3) Without limiting the generality of the meaning of any expression in subsection (1), where:
(a) an inspector requests a person whom the inspector finds committing, or whom the inspector believes on reasonable grounds to have committed, an offence against this Act, being a person whose full name or usual place of residence are unknown to the inspector, to state his or her full name or usual place of residence, as the case may be; and
(i) refuses or fails to comply with the request; or
(ii) whether or not in compliance, or purported compliance, with the request, states as his or her full name or usual place of residence a name or a place, as the case may be, that the inspector believes on reasonable grounds to be false or misleading in a material particular;
the inspector shall be taken, for the purposes of paragraph (1)(b), to have reasonable grounds for believing that proceedings against the person by summons in respect of the offence will not be effective.
(4) Nothing in this section prevents the arrest of a person in
accordance with any other law.