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POLICE ADMINISTRATION ACT 1978

Table of Provisions

PART I--PRELIMINARY MATTERS

  • 1 Short title  
  • 2 Commencement  
  • 3 Repeal and savings  
  • 4 Interpretation  
  • 4A Application of Criminal Code  

PART II--POLICE FORCE OF THE NORTHERN TERRITORY

Division 1--Establishment of Police Force

Division 2--Commissioner, Deputy and Assistant Commissioners

Division 3--Appointment, resignation and dismissal of members

Division 4--Appointment and duties of Special Constables generally

Division 5--Special Constables and urgent cross-border assistance

Division 6--Ethical and Professional Standards Command

PART III--CONDITIONS OF SERVICE OF MEMBERS OF POLICE FORCE

Division 1--Police Arbitral Tribunal

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

Division 2--Inability and disciplinary appeals

  • 94 Inability or disciplinary appeals  
  • 95 Procedural matters  

Division 3--General

PART VIA--USE OF DANGEROUS DRUGS FOR TRAINING

Division 1--Preliminary matters

  • 102 Object of Part  
  • 103 Definitions  

Division 2--Administrative matters

  • 104 Agency arrangement  
  • 105 Drug training direction  
  • 106 Drug control officer  

Division 3--Keeping dangerous drugs for use in 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

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

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

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

Division 7AA--Blood testing for infectious diseases

Subdivision 1--Preliminary matters

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

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

  • 148A Part applies to duties of member as public official  

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

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

Division 3--Alcohol Mandatory Treatment Act 2013

  • 170 Apprehension before commencement date  

Division 4--Police Administration Amendment Act 2014

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

Division 7--Police Legislation Amendment (Powers, Appointments and Other Matters) Act 2023

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