Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Unless the
document appointing an APLO says otherwise —
(a) an
APLO 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 an
APLO,
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 an APLO, unless the contrary intention appears in the provision.
(3) The document
appointing an APLO may limit the powers, duties or obligations of the APLO or
the application of any authorisation, exemption or exception to the APLO in
any way the Commissioner thinks fit.
(4) Without limiting
subsection (3) or section 38B(3), the document appointing an APLO
may do any or all of the following —
(a)
limit the powers that the APLO may exercise;
(b)
limit when the APLO may exercise his or her powers or any of them;
(c)
limit where in the State the APLO may exercise his or her powers or any of
them;
(d)
limit the circumstances in which the APLO may exercise his or her powers or
any of them;
(e)
limit the offences in respect of which the APLO may exercise his or her powers
or any of them;
(f)
limit the purposes for which the APLO may exercise his or her powers or any of
them;
(g)
limit or prohibit the possession or use of any thing that the APLO would
otherwise be authorised under a written law to possess or use, despite the
written law.
[Section 38C inserted by No. 8 of 2008
s. 10.]