Western Australian Consolidated Acts

POLICE ACT 1892 - SECT 36

36 .         Functions of special constables

        (1)         Unless the document appointing a special constable says otherwise —

            (a)         a special constable has all of the powers, duties and obligations that a police officer or a member of the Police Force has under any written law other than this Act; and

            (b)         any authorisation, exemption or exception in any written law other than this Act that applies to a police officer or a member of the Police Force applies to a special constable,

                unless that written law expressly says otherwise.

        (2)         If a provision of a written law other than this Act refers to a police officer or to a member of the Police Force but does not confer a power, duty or obligation on, or create an authorisation, exemption or exception for, a police officer or a member of the Police Force, the provision is to be taken to include a reference to a special constable, unless the contrary intention appears in the provision.

        (3)         The document appointing a special constable may limit the powers, duties or obligations of the special constable or the application of any authorisation, exemption or exception to the special constable in any way the Commissioner thinks fit.

        (4)         Without limiting subsection (3) or section 35(2), the document appointing a special constable may do any or all of the following —

            (a)         limit the powers that the special constable may exercise;

            (b)         limit when the special constable may exercise his or her powers or any of them;

            (c)         limit where in the State the special constable may exercise his or her powers or any of them;

            (d)         limit the circumstances in which the special constable may exercise his or her powers or any of them;

            (e)         limit the offences in respect of which the special constable may exercise his or her powers or any of them;

            (f)         limit the purposes for which the special constable may exercise his or her powers or any of them;

            (g)         limit or prohibit the possession or use of any thing that the special constable would otherwise be authorised under a written law to possess or use, despite the written law.

        (5)         The document appointing a special constable may require the special constable to inform the Commissioner about the exercise by the special constable of any power, or the performance of any duty or obligation, that he or she has under the appointment.

        [Section 36 inserted by No. 59 of 2006 s. 63.]

        [Section 36. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]