Northern Territory Consolidated Acts
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POLICE ADMINISTRATION ACT
TABLE OF PROVISIONS
Long Title
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Repeal and savings
4. Interpretation
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 of Commissioner, &c.
10. Retirement
11. Resignation
12. Acting Commissioner, &c.
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
16. Commissioner may appoint or promote members
16A. Members on probation
16AA. Issue of commission
16AAA. Term or contract employment
17. Preference for members, &c.
17A. Allowance for member having special qualifications
18. Police Cadets
19. Community and Auxiliary Police
20. Resignation
21. Reappointment of person who resigned to contest elections
22. Retirement
23. - 24. [Repealed]
25. Function of members
26. Members to take oath
27. Oath binding on members
28. Members to serve the Crown
Division 4 - Special Constables
29. Police officers of other jurisdictions
30. Appointment
31. Revocation
32. Oath
33. Evidence of appointment
34. Neglect of duty
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 or affirmation
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
41. [Repealed]
42. Gazettal of determinations
43. Determination binding on all parties
44. Interpretation of determination
45. Witnesses
46. Oaths
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 Gazette
56. Duration of consent agreement
57. Effect of consent agreement of the Tribunal
58. [Division 3] [Repealed]
59. - 74. [Repealed]
PART IV - DISCIPLINE
Division 1 - Duties and obligations of Members
75. [Repealed]
76. Breaches of discipline
76A. Suspension of member facing criminal charges
77. Effect of pending criminal proceedings
Division 2 - Public Interest Dismissal
78. Dismissal
Division 3 - Disciplinary Powers Generally
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, &c, where no disciplinary action taken or appeal allowed
84J. Payment of fines and amount of money
PART V - INABILITY OF MEMBER TO DISCHARGE DUTIES
85. Interpretation
86. [Repealed]
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
94. Inability or disciplinary appeals
95. Procedure, &c., of 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
102. - 115. [Repealed]
PART VII - POLICE POWERS
Division 1 - Preliminary
116. Interpretation
Division 2 - Search and Entry
117. Search warrants
118. Search warrant may be issued by telephone
119. Searches and emergencies
119A. Powers incidental to search and entry powers
120. Power of police to enter place used for entertainment
Division 2A - Special Provisions Relating to Dangerous Drugs and Kava
120A. Definitions
120B. Search warrants
120BA. Seizure
120C. Searching vehicles, &c.
120D. Use of reasonable force
120E. Search of females
120F. - 120P. [Division 2B] [Repealed]
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 to make arrest or preserve peace
127. Persons to be informed of reason for arrest
Division 4 - Apprehension without Arrest
127A. Definition
128. Circumstances in which a person may be apprehended
129. Period of apprehension
130. Protection of apprehended person
131. Release
132. Continued detention of person taken into custody under section 128
133. Application to member for release
Division 4A - Notice to appear before 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. Requirement to furnish names and addresses
135. Disclosure of names
Division 6 - Bringing Detained Person before a Justice or Court and Obtaining Evidence, &c., after taking into Custody
136. Application
137. Time for bringing person before justice or court
138. Determining reasonable period during which person detained, &c., to be brought before justice or court
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 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
148A. Part applies to duties of member as public official
Division 2 - Protection of members from civil liability and Territory's vicarious liability
148B. Protection of members from civil liability
148C. Territory's vicarious 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
150. False complaints
151. [Repealed]
152. Deserting post
153. Assault on member
154. False representation
155. Communication of information
156. Personation
157. Offering bribes
158. Assault of member
159. Hindering member
160. Unlawfully aiding or securing release from custody
PART IX - MISCELLANEOUS
160A. Disciplinary, &c. investigations
161. Actions against members
162. Actions and prosecutions to be commenced within 2 months
163. [Repealed]
164. Certificate of appointment
165. Police Gazette
166. Sale of goods
166AA. Medical examinations
166A. Service Medal
166B. Members engaging in business
167. Regulations
PART X - TRANSITIONAL MATTERS FOR POLICE ADMINISTRATION AMENDMENT (POWERS AND LIABILITY) ACT 2005
168. Territory's vicarious liability
SCHEDULE
Endnotes
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