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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 113

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 113

113 .         Prerequisites for exercise of power

        (1)         A power conferred by this Division may be exercised by an authorised officer only if —

            (a)         the child concerned —

                  (i)         is in the CEO’s care; or

                  (ii)         is being moved, or has been moved, to a safe place under section 41;

                and

            (b)         the authorised officer believes on reasonable grounds that, unless the power is exercised, the child concerned is likely to —

                  (i)         endanger the health or safety of the child or another person; or

                  (ii)         cause serious damage to property.

        (2)         A power conferred by this Division may be exercised by a police officer only if —

            (a)         the child concerned is being moved, or has been moved, to a safe place under section 41 or to a secure care facility under a secure care arrangement; and

            (b)         the police officer believes on reasonable grounds that, unless the power is exercised, the child concerned is likely to —

                  (i)         endanger the health or safety of the child or another person; or

                  (ii)         cause serious damage to property.

        (3)         A power conferred by this Division may be exercised by an approved person only if —

            (a)         the child concerned is in the CEO’s care; and

            (b)         the approved person believes on reasonable grounds that, unless the power is exercised, the child concerned is likely to —

                  (i)         endanger the health or safety of the child or another person; or

                  (ii)         cause serious damage to property.

        [Section 113 amended: No. 49 of 2010 s. 70.]