Part 14—Miscellaneous

182 Arrest of persons escaping from custody or contravening conditions of recognisances
(1) A police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person has escaped from custody authorised by this Act.
(2) A police officer may, without warrant, arrest a person who has been released on bail under this Act if the police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person.
(3) A police officer who arrests a person under subsection (1) or (2) must, as soon as practicable, take the person before a magistrate.
(4) If the magistrate is satisfied that the person has escaped from custody authorised by this Act or has contravened, or is about to contravene, a term or condition of a recognisance, the magistrate may issue a warrant, by writing in the statutory form, authorising any police officer to return the person to the custody from which the person escaped, or was released on the recognisance, as the case may be.

183 Aiding persons to escape etc.
Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:
(a) arrest pursuant to this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia pursuant to this Act were custody in respect of an offence against a law of the Commonwealth.

Part VIIA—Search, seizure and powers of arrest
Division 4—Arrest and related matters
38S Power to enter premises to arrest person
(1) Subject to subsection (2), if:
(a) a police officer has, under this Act or under a warrant issued under the regulations, power to arrest a person; and
(b) the police officer believes on reasonable grounds that the person is on any premises;
the police officer may, at any time of the day or night, enter the premises for the purpose of searching the premises for the person or arresting the person. In doing so, the police officer may use such force as is necessary and reasonable in the circumstances.
(2) A police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that it will not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time.
(3) In subsection (2):
dwelling house includes:
(a) a vehicle; or
(b) a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

38T Use of force in making arrest
(1) In exercising powers of arrest under section 38S, a police officer must not use more force, or subject the person being arrested to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.
(2) Without limiting subsection (1), a police officer must not, in the course of arresting a person:
(a) if paragraph (b) does not apply—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or
(b) if the person is attempting to escape arrest by fleeing—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:
(i) the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or
(ii) the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be arrested in any other manner.

38U Persons to be informed of grounds of arrest
(1) When arresting a person, the police officer must inform the person of the reason for the arrest.
(2) It is sufficient if the person is informed of the substance of the reason, and it is not necessary that this be done in language of a precise or technical nature.
(3) Subsection (1) does not apply to the arrest of the person if:
(a) the person should, in the circumstances, know the reason for the arrest; or
(b) the person’s actions make it impracticable for the police officer to inform the person of the reason for the arrest.

38V Power to search an arrested person
(1) The police officer arresting the person, or any police officer who is present at the arrest, may:
(a) if he or she believes on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—conduct a frisk search of the person at, or soon after, the time of arrest; or
(b) if he or she suspects on reasonable grounds that the person is carrying any seizable items—conduct an ordinary search of the person at, or soon after, the time of the arrest.
(2) The police officer may seize any seizable items found as a result of the search.

Division 5—General
38W Conduct of ordinary searches and frisk searches
(1) An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as that of the person being searched.
(2) An officer assisting who is not a police officer must not take part in an ordinary search or a frisk search of a person under this Part.

38ZB Arrest of person released on bail
(1) If:
(a) a person arrested under a warrant issued under the regulations has been released on bail by order of a Magistrate or eligible Federal Circuit Court Judge; and
(b) a police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person;
the police officer may, without warrant, arrest the person.
(2) A person arrested under subsection (1) must, as soon as practicable, be brought before a Magistrate or eligible Federal Circuit Court Judge.