POLICE ADMINISTRATION ACT 1978
Table of Provisions
PART I--PRELIMINARY MATTERS
PART II--POLICE FORCE OF THE NORTHERN TERRITORY
Division 1--Establishment of Police Force
- 5 Northern Territory Police Force
- 6 Constitution of Police Force
Division 2--Commissioner, Deputy and Assistant Commissioners
- 7 Commissioner of Police and Deputy Commissioner of Police
- 8 Assistant Commissioner of Police
- 9 Remuneration
- 10 Retirement
- 11 Resignation
- 12 Acting appointments
- 13 Interim vacancies
- 14 Control and management of Police Force
- 14A General orders
- 14B Commissioner may transfer members
- 14C Disciplinary procedures
Division 3--Appointment, resignation and dismissal of members
- 15 Commissioner may determine establishment of Police Force
- 15A Merit for appointment or promotion
- 15B Eligibility for appointment to Police Force
- 16 Commissioner may appoint or promote members
- 16A Members on probation
- 16AA Issue of commission
- 16AAA Term or contract employment
- 17 Circumstances in which person may be appointed at rank above Constable
- 17A Allowance for member having special qualifications
- 18 Police Cadets
- 19 Aboriginal Community Police and auxiliaries
- 20 Resignation
- 21 Reappointment of person who resigned to contest elections
- 22 Retirement
- 25 Function of members
- 26 Members to take oath
- 27 Oath binding on members
- 28 Members to serve the Crown
Division 4--Appointment and duties of Special Constables generally
- 29 Appointment of police of other jurisdictions as Special Constables
- 30 Appointment of other persons as Special Constables
- 31 Revocation of appointment
- 32 Special Constable to take oath
- 33 Evidence of appointment
- 34 Neglect of duty
Division 5--Special Constables and urgent cross-border assistance
- 34A Definitions
- 34B Declaration of incident requiring urgent cross-border assistance
- 34C Extension of declaration
- 34D Appointment of Special Constables
- 34E Oath
- 34F Termination of appointment
Division 6--Ethical and Professional Standards Command
- 34G Establishment of Ethical and Professional Standards Command
- 34H Functions
- 34J Composition of Professional Standards Command
- 34K Professional Standards Command members not subject to direction
- 34L Professional Standards Command members may be directed to perform other functions
- 34M Others may be directed to exercise powers and perform functions for Professional Standards Command
PART III--CONDITIONS OF SERVICE OF MEMBERS OF POLICE FORCE
Division 1--Police Arbitral Tribunal
- 35A Definitions
- 35 Establishment of Tribunal
- 36 Constitution of Tribunal
- 36A Deputy members
- 36B Commissioner and Association to recommend certain members of Tribunal
- 37 Duration of appointment
- 37A Members and deputy members to take oath
- 38 Procedures
- 39 Secretary to the Tribunal
- 40 Meetings may be requested
- 40A Attempts at conciliation to be made
- 40B Conciliation
- 40C Referral of matters to Tribunal
- 40D Panel of conciliators
- 42 Gazettal of determinations
- 43 Determination binding on all parties
- 44 Interpretation of determination
- 45 Witnesses
- 46 Evidence on oath
- 47 Failure to answer summons
- 48 Offences by witnesses
- 49 Perjury
- 50 Protection of members of Tribunal
- 50A Appeals to Supreme Court
Division 2--Consent agreements
- 51 Parties to consent agreement
- 52 Consent agreements to be in writing
- 53 Certification of consent agreements by Tribunal
- 54 Consent agreement binding on all parties
- 55 Consent agreement to be notified in the G azette
- 56 Duration of consent agreement
- 57 Effect of consent agreement of the Tribunal
PART IV--DISCIPLINE
Division 1--Duties and obligations of members
- 76 Breaches of discipline
- 76A Suspension of member facing criminal charges
- 77 Effect of pending criminal proceedings
Division 2--Public interest dismissal
Division 3--Disciplinary powers generally
- 79A Member to answer questions or give information in relation to breach of discipline
- 79 Service of notice for alleged breach of discipline
- 80 Action pending decision on alleged breach of discipline
- 81 Member's response to notice for alleged breach of discipline
- 82 Conduct of investigation
- 83 Medical examinations
- 84 Outcome of investigation
- 84A Charge of breach of discipline
- 84B Conduct of hearing
- 84C Action that may be taken after hearing
- 84D Order of Commissioner or prescribed member
- 84E Review of actions taken or fines imposed
Division 4--General
- 84F Notices
- 84G Payment of salary during suspension
- 84H Payment and leave when no disciplinary action taken or appeal allowed
- 84J Payment of fines and amount of money
PART V--INABILITY OF MEMBER TO DISCHARGE DUTIES
- 87 Inability of member to discharge duties
- 88 Review of grounds
- 89 Action following review
- 90 Stand-down during review under section 88
- 91 Medical incapacity
PART VI--APPEALS
Division 1--Promotion appeals
- 92 Promotion appeals
- 93 Promotions Appeal Boards
Division 2--Inability and disciplinary appeals
Division 3--General
- 96 Person to answer questions
- 97 Staff of Appeal Boards
- 98 Serving member on Appeal Board to be considered on duty
- 99 Disclosure of interests
- 100 Communication of Appeal Board matters
- 101 Protection of members, parties and witnesses
PART VIA--USE OF DANGEROUS DRUGS FOR TRAINING
Division 1--Preliminary matters
Division 2--Administrative matters
Division 3--Keeping dangerous drugs for use in training
- 107 When dangerous drugs may be kept for training
- 108 Requirements for keeping dangerous drugs for training
Division 4--Register of dangerous drugs used for training
- 109 Register
- 110 Information to be recorded in register
- 111 Restriction on access to information in register
PART VII--POLICE POWERS
Division 1--Preliminary matters
- 116 Interpretation
Division 1A--Use of dogs and horses
- 116A Definitions
- 116B Extended application of Division
- 116C Authority to use police dogs and police horses
- 116D Authority for entry of police dogs and police horses
- 116E Control of police dogs and police horses
- 116F Reasonable grounds for search without warrant on indication of detection dog
- 116G Protection from liability for use of police dog or police horse
- 116H Non-application of certain laws
Division 1B--Use of electronic drug detection systems
- 116J Reasonable grounds for search without warrant on indication of electronic drug detection system
Division 1C--Use of hand held scanners without warrant in certain areas
- 116K Definitions
- 116KA Meaning of public transport facility
- 116KB Use of hand held scanner to be authorised
- 116KC Form and effect of hand held scanner authority
- 116KD Authorised use of hand held scanner without warrant in suspected offence area or high risk area
- 116KE Authorised use of hand held scanner without warrant at public transport facility and on board public transport vehicles
- 116KF Requirements if hand held scanner indicates metal
- 116KG Seizing restricted weapons
- 116KH Safeguards for exercise of powers
- 116KI Offence of failure to comply with requirement
- 116KJ Member taken to have reasonable grounds to suspect unlawful possession of weapon
- 116KK Notice of hand held scanner authority to be published
- 116KL Effect of Division on power to search person without warrant
- 116KM Destruction of restricted weapons
- 116KN Approval of certain members
- 116KO Annual report on use of hand held scanners
- 116KP Review of operation of Division
- 116KQ Tabling of review report
Division 2--Search and entry
- 117 Search warrants
- 118 Search warrant may be issued by telephone
- 118A Seizure authorised under search warrant
- 119 Urgent searches without warrant
- 119AA Search without warrant for explosive, restricted weapon or ammunition
- 119A Powers incidental to search and entry powers
- 120 Power of police to enter place used for entertainment
Division 2A--Special provisions about dangerous drugs
- 120A Definitions
- 120B Search warrants
- 120BA Seizure
- 120BB Seizure authorised under search warrant
- 120C Searching without warrant
- 120D Use of reasonable force
- 120E Search of females
Division 3--Arrest
- 121 Arrest warrants
- 122 Arrest warrant may be issued by telephone
- 123 Arrest without warrant by members of Police Force
- 124 Arrest of person where warrant issued
- 125 Power to arrest interstate offenders
- 126 Power to enter and arrest under warrant
- 126A Power to enter and arrest without warrant
- 126B Power to enter and remain to protect a person
- 126C Power to search and seize restricted weapons
- 126D Ancillary powers
- 127 Persons to be informed of reason for arrest
Division 4--Apprehension without arrest
- 127A Intoxicated person
- 128 Circumstances in which a person may be apprehended
- 129 Period of apprehension
- 130 Protection of apprehended person
- 130A Evidence for alcohol-related matters
- 131 Release
- 132 Continued detention of person taken into custody under section 128
- 133 Application to member for release
Division 4AA--Taking person into custody for infringement notice offence
- 133AA Definition
- 133AB Taking person into custody for infringement notice offence
- 133AC When person taken into custody
Division 4A--Notice to appear before Local Court
- 133A Definitions
- 133B Member may issue and serve notice to appear
- 133C Form of notice to appear
- 133D Notice to appear to be filed
- 133E Person to be given complaint or information
Division 5--Furnishing of name and address
- 134 Identification of person to assist with inquiries
- 134A Identification of person on suspicion of contravention
- 134B Identification of member
- 135 Disclosure of names
Division 6--Bringing detained person before court and obtaining evidence after taking into custody
- 136 Application
- 137 Time for bringing person before court generally
- 138 Determining reasonable period to hold person in custody
- 138A Time for holding intoxicated person before charging and bringing before court
- 138B Assistance from correctional officers
Division 6A--Recording of confessions and admissions
- 139 Definition
- 140 Person to be warned and given opportunity to inform friend or relative of person's whereabouts
- 141 Warning and offer of facilities to communicate to be tape-recorded
- 142 Electronic recording of confessions and admissions
- 143 Certain evidence may be admitted
Division 7--Forensic examinations
- 144 Search of persons in lawful custody
- 145 Intimate procedures
- 145A Non-intimate procedures
- 145B Voluntary non-intimate procedures
- 146 Certain non-intimate procedures on persons in custody
- 147 Databases
- 147A Exchange of information in databases
- 147B Access to and use of information stored in database
- 147C Retaining and analysing samples
- 147D Powers under Division are additional to any others
- 147E Arrangements with corresponding jurisdictions for registration of forensic orders
- 147F Forensic material from corresponding jurisdictions
Division 7AA--Blood testing for infectious diseases
Subdivision 1--Preliminary matters- 147FA Interpretation Subdivision 2--Disease test approvals
- 147FB Application for disease test approval
- 147FC Detention of transferor
- 147FD Disease test approval
- 147FE Service of copy of disease test approval
- 147FF Effect of disease test approval
- 147FG Failure to comply with requirement under disease test approval Subdivision 3--Disease test orders
- 147FH Application for disease test order
- 147FI Service of copy of application
- 147FJ Hearing of application
- 147FK Disease test order
- 147FL Explanation of disease test order
- 147FM Service of copy of disease test order
- 147FN Effect of disease test order
- 147FO Failure to comply with disease test order
- 147FP Appeal against disease test order on behalf of transferor
- 147FQ Appeal against disease test order by affected member Subdivision 4--General
- 147FR Taking blood sample under disease test authorisation
- 147FS Analysis of blood sample
- 147FT No payment for taking or testing blood
- 147FU Restriction on disclosure of results of analysis
- 147FV Prohibition on use of blood sample for other purpose
Division 7A--Crime scenes
- 147G Definitions
- 147H Application of Division
- 147J Authority to enter place and establish crime scene
- 147K Restricting access to crime scene
- 147L Preserving evidence at crime scene
- 147M Period for maintaining crime scene
- 147N Crime scene powers
Division 8--Closure of public places
- 148 Commissioner may close public places
PART VIIA--PROTECTION FROM LIABILITY OF MEMBERS, TERRITORY'S VICARIOUS LIABILITY AND LEGAL PROCEEDINGS FOR DAMAGES FOR CERTAIN TORTS BY MEMBERS
Division 1--Preliminary matters
Division 2--Protection from liability and vicarious liability of the Territory
- 148B Protection from liability
Division 3--Legal proceedings for damages for torts by members
- 148D Definition
- 148E Application of Division
- 148F How police tort claim is made
- 148G Part does not affect certain claims and proceedings
PART VIII--OFFENCES IN RELATION TO POLICE FORCE
- 149 Delivery of property
- 152 Deserting post
- 153 Assault on member
- 154 False representation
- 155 Unauthorised disclosure of confidential information
- 156 Personation
- 157 Offering bribes
- 157A Disarming member
- 158 Resisting member
- 159 Hindering member
- 159A Killing or injuring police dogs or police horses
- 160 Unlawfully aiding or securing release from custody
PART IX--MISCELLANEOUS MATTERS
- 160A Investigations regarding matters under Parts IV or V
- 161 Actions against members
- 162 Actions and prosecutions to be commenced within 2 months
- 164 Certificate of appointment
- 165 Police Gazette
- 166 Sale or other disposal of items
- 166AA Medical examinations
- 166A Service Medal
- 166B Members engaging in business
- 167 Regulations
PART X--TRANSITIONAL MATTERS
Division 1--Police Administration Amendment (Powers and Liability) Act 2005
- 168 Territory's vicarious liability
Division 2--Police Administration Amendment (Service Medal) Act 2010
- 169 Application of section 166A to matters before commencement
Division 3--Alcohol Mandatory Treatment Act 2013
- 170 Apprehension before commencement date
Division 4--Police Administration Amendment Act 2014
- 171 Application of section 79A to breach of discipline
Division 5--Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017
- 172 Arrangement in relation to database information
Division 6--Police Legislation Further Amendment Act 2023
- 173 Offences committed before commencement of section 116KB
Division 7--Police Legislation Amendment (Powers, Appointments and Other Matters) Act 2023
- 174 Application of section 166 to items in possession before commencement