Police Act 1927 (ACT)

Police Act 1927 (repealed)

A1927-19

Republication No 4

Effective:  1 December 1994

Republication date: 8 May 2009

As repealed by A1994-75 sch 2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Police Act 1927 (repealed) effective 1 December 1994.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page 

POLICE ACT 1927

Repealed by No. 75, 1994 (in force 1 December 1994)

TABLE OF PROVISIONS

Section

1.Short title

2.Commencement

4.Interpretation

1. Personation etc.

2. Power to grant general search warrants

3. Power to search vehicles and suspected persons

4. Empowering police to visit houses where games carried on etc.

5. Certain persons may be apprehended without warrant

6. Police may apprehend any offender whose name and residence is unknown

7. Apprehension of known offenders

8. Power to police and persons aggrieved to apprehend certain offenders

9. Where stolen property attempted to be sold or pawned

10. Persons arrested without a warrant, how dealt with

THE SCHEDULE

Warrant

POLICE ACT 1927

An Act to provide for the establishment of a Police Force in the Australian Capital Territory

Short title

1.  This Act may be cited as the Police Act 1927.1

Commencement

2.  This Act shall commence on a date to be fixed by the Attorney-General by notice in the Gazette.1

Interpretation

4.  In this Act—

“Commissioner” or “Commissioner of Police” means the Commissioner of Police of the Australian Federal Police;

“Police Force” means the Australian Federal Police.

Personation etc.

13.

(1A)  A person who, not being a member of the police force of a State or of a Territory of the Commonwealth other than the Australian Capital Territory—

(a)personates or passes herself or himself off as a member of such a police force; or

(b)wears or displays any uniform or badge of a member of such a police force, any colourable imitation of such a uniform or badge, or any uniform or badge so closely resembling such a uniform or badge as to be likely to deceive,

shall be guilty of an offence.

(2)  Any person, other than an officer of the Territory or the Commonwealth or of a State, who practises, acts, or describes herself or himself, as a detective or carries on, or assists in, any business or agency, under the description of a detective business or agency, shall be guilty of an offence.

Penalty:  50 penalty units or imprisonment for 6 months, or both.

Power to grant general search warrants

14.  (1)  Notwithstanding any law or custom to the contrary, it shall be lawful for the Commissioner to issue general search warrants to such members of the Police Force as she or he thinks fit.

(2)  Every such warrant shall be in accordance with the form in the Schedule to this Act, and shall be signed by the Commissioner.

(3)  Every such warrant shall remain in force for six months from the date thereof, or for such (if any) shorter period as is specified therein.

(4)  The Commissioner may at any time revoke any such warrant.

(5)  The member of the Police Force named in any such warrant may, at any time in the day or night, with such assistants as she or he thinks necessary, enter into and search any house, building, premises, or place where she or he has reasonable cause to suspect that any stolen goods are, and may break open the house, building, premises or place; and she or he may break open and search any cupboards, drawers, chests, trunks, boxes, packages, or other things, whether fixtures or not, in which she or he has reasonable cause to suspect that any stolen goods may be found.

(6)  In this section “stolen goods” includes goods obtained by any offence.

Power to search vehicles and suspected persons

16.  Any member of the Police Force may stop, search, and detain—

(a)any cart, carriage, or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found; and

(b)any person who is reasonably suspected of having, or conveying in any manner, anything stolen or unlawfully obtained.

Empowering police to visit houses where games carried on etc.

17.  (1)  Any member of the Police Force may—

(a)enter into any house, room, premises, or place where any public table or board is kept for playing billiards, bagatelle, bowls, fives, rackets, quoits, skittles, or ninepins, or any game of the like kind, when and so often as that member thinks proper; and

(b)enter into any house, room, or place kept or used for any theatrical or any public entertainment or meeting, or any concert or musical or other exhibition or any show of any kind whatsoever, or any recreation ground or race-course (whether admission thereto is obtained by payment of money or not) at any time when the house, room, place, ground or race-course is open for the reception of persons resorting thereto, and shall order any reputed thief or other loose, idle, or disorderly person who is found in the house, room, place, ground or race-course to leave it.

(2)  If any such person refuses to leave the house, room, place, ground or race-course on being ordered by the member of the Police Force so to do, the member may forcibly remove her or him therefrom.

(3)  Every such person remaining in the house, room, place, ground or race-course after having been so ordered to leave shall be guilty of an offence.

Penalty:  2 penalty units.

Certain persons may be apprehended without warrant

19.  Any member of the Police Force may, without a warrant, take into custody—

(a)any person whom she or he has reasonable or probable cause for believing or suspecting to be a person for whose apprehension a warrant has been issued by any magistrate; and

(b)any person who is charged by any other person with committing any felonious assault, in every case in which the member has good reason to believe that the assault has been committed, although not within view of the member, and that by reason of the recent commission of the offence a warrant could not have been obtained for the apprehension of the offender.

Police may apprehend any offender whose name and residence is unknown

20.  Any member of the Police Force, and all persons whom she or he calls to her or his assistance, may take into custody, without a warrant, any person who, within view of the member, commits any offence against this Act or against the Police Offences Act 1930, if such person’s name and residence is unknown to the member, and cannot be ascertained by her or him.

Apprehension of known offenders

21.  (1)  Any member of the Police Force, or any other person, with or without a warrant, may apprehend any reputed thief, or any loose, idle, or disorderly person, or any reputed rogue and vagabond or incorrigible rogue who, within view of the member or person, commits any offence against this Act or the Police Offences Act 1930.

(2)  The member or person shall forthwith take and convey the offender before a magistrate to be dealt with in manner provided by this Act, or shall deliver her or him to any constable or other peace officer of the place where she or he has been apprehended, to be so taken and conveyed as aforesaid.

(3)  Any constable who—

(a)refuses or wilfully neglects to take the offender into custody, or to take and convey her or him before a magistrate; or

(b)does not use her or his best endeavours to apprehend and convey the offender before a magistrate,

shall be deemed guilty of a neglect of duty, and shall be punishable in manner provided by this Act.

Power to police and persons aggrieved to apprehend certain offenders

22.  Any person found committing any offence punishable upon summary conviction—

(a)may be taken into custody without a warrant by any member of the Police Force; or

(b)may be apprehended by the owner of the property on or with respect to which the offence is committed, or by her or his servant or any person authorized by her or him, and may be detained until she or he can be delivered into the custody of a constable, to be dealt with according to law.

Where stolen property attempted to be sold or pawned

23.  Any person to whom any property is offered to be sold, pawned, or delivered, if she or he has reasonable cause to suspect—

(a)that any offence punishable upon summary conviction has been committed with respect to the property; or

(b)that the property, or any part thereof, has been stolen or otherwise unlawfully obtained,

may apprehend and detain the person so offering the property, and as soon as may be deliver her or him into the custody of a member of the Police Force, together with the property, to be dealt with according to law.

Persons arrested without a warrant, how dealt with

24.  (1)  Any person apprehended without a warrant shall, as soon as practicable, be delivered into the custody of the member of the Police Force who is in charge of the nearest police station, in order that the person may be secured until—

(a)he or she can be brought before a magistrate to be dealt with according to law; or

(b)he or she is set at liberty on bail in accordance with the provisions of the Bail Act 1992.

_____________

THE SCHEDULE  Section 14

THE AUSTRALIAN CAPITAL TERRITORY

To—

You are hereby authorized, at any time of the day or night and with or without assistants or others, to enter and search any house, building, premises or place where you have reasonable cause to suspect that any stolen goods are, and to break open such house, building, premises or place and to break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, in which you have reasonable cause to suspect that any goods obtained by any felony or misdemeanour may be found.

This warrant shall remain in force for *   months from the date hereof.

Dated this  day of  19     .

Commissioner of Police.

*  Insert period, which must not be more than six months.

NOTE

1. The Police Act 1927 (a) as shown in this reprint comprises Act No. 19, 1927 amended as indicated in the Tables below.

   The Australian Capital Territory received Self-Government on 11 May 1989.

   For details regarding the application of the Police Act 1927 from 11 May 1989 to 1 July 1990 see the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth (No. 106, 1988) and the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth (No. 109, 1988), in particular sections 3, 34 and Schedules 3 and 5 and section 12 respectively.  The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) and the Reserved Laws (Interpretation) Ordinance 1989 (No. 25, 1989) effect the citation change of Ordinance to Act and affect references to Commonwealth legislation.

Table of Laws

Law

Number   and year

Date of notification  in Gazette

Date of commencement

Application, saving or transitional provisions

Police Ordinance 1927

19, 1927

27 Sept 1927

28 Sept 1927 (see Gazette 1927, p. 1993)

Police Ordinance 1930

14, 1930

7 Aug 1930

7 Aug 1930

—

Police Ordinance 1932

18, 1932

18 Aug 1932

S. 2: 1 Aug 1931 Remainder: 18 Aug 1932

—

Police Ordinance 1934

23, 1934

1 Nov 1934

17 Aug 1934

—

Police Ordinance 1943

14, 1943

11 Dec 1943

11 Dec 1943

—

Police Arbitral Tribunal Ordinance 1947

5, 1947

3 July 1947

3 July 1947

—

Police Ordinance 1947

9, 1947

8 Oct 1947

8 Oct 1947

—

Police Ordinance 1950

8, 1950

16 Nov 1950

16 Nov 1950

Ss. 3 and 13 (2)

Police Ordinance 1954

5, 1954

4 Feb 1954

4 Feb 1954

Ss. 3 (2), (3) and 4 (2)

Police Ordinance 1955

5, 1955

10 June 1955

10 June 1955

—

Police Ordinance 1956

19, 1956

24 Dec 1956

24 Dec 1956

S. 5

Police Ordinance 1958

2, 1958

30 Jan 1958

30 Jan 1958

S. 4 (2)

Ordinances Revision Ordinance 1959

21, 1959

23 Dec 1959

31 Dec 1959

—

Police Ordinance 1960

3, 1960

30 June 1960

30 June 1960

S. 3

Police Ordinance 1964

2, 1964

27 Feb 1964

27 Feb 1964

—

Police Ordinance 1966

6, 1966

21 Apr 1966

21 Apr 1966

—

Police Ordinance 1967

4, 1967

20 Apr 1967

20 Apr 1967

—

Police Ordinance 1970

17, 1970

1 June 1970

1 June 1970

S. 3

Police Ordinance 1972

22, 1972

3 Aug 1972

3 Aug 1972

—

Police Ordinance (No. 2) 1972

40, 1972

23 Nov 1972

23 Nov 1972

S. 2 (2)

Police Ordinance 1974

16, 1974

17 Apr 1974

17 Apr 1974

S. 6

Police (Administration) Ordinance 1975

6, 1975

27 Mar 1975

27 Mar 1975

—

Police Ordinance 1975

7, 1975

27 Mar 1975

27 Mar 1975

—

Police (Administration) Ordinance (No. 2) 1975

46, 1975

23 Dec 1975

23 Dec 1975

—

Police (Amendment) Ordinance 1979

19, 1979

5 July 1979

5 July 1979

S. 9

Police (Amendment) Ordinance 1981

2, 1981

19 Feb 1981

19 Feb 1981

—

Sex Discrimination (Miscellaneous Amendments) Ordinance 1986

31, 1986

31 July 1986

1 Aug 1986

—

Domestic Violence (Miscellaneous Amendments) Ordinance 1986

53, 1986

4 Sept 1986

1 Oct 1986 (see Gazette 1986, No. S484)

—

Police (Amendment) Ordinance 1986

64, 1986

21 Oct 1986

1 Dec 1986

—

Self-Government (Consequential Amendments) Ordinance 1990

5, 1990

27 June 1990

Ss. 1 and 2: 27 June 1990 Remainder: 1 July 1990

S. 6 (2)

Bail (Consequential Amendments) Act 1992

9, 1992

28 May 1992

Ss. 1 and 2:  28 May 1992 Remainder:  28 Nov 1992

S. 3

Prostitution (Consequential Amendments) Act 1992

65, 1992

1 Dec 1992

Ss. 1 and 2:  1 Dec 1992 Remainder:  1 June 1993

S. 3

Statute Law Revision (Penalties) Act 1994

81, 1994

29 Nov 1994

Ss. 1 and 2:  29 Nov 1994 Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)

—

as repealed by

Crimes (Amendment) Act (No 2) 1994

75, 1994

23 November 1994

1 December 1994 (s 2 (2) and Gaz 1994 No S247)

(a)    The Police Act 1927 was also amended by the Seat of Government (Designation) Ordinance 1938 (No. 25, 1938) as amended by the Ordinances Revision Ordinances 1938 and 1959 (No. 35, 1938 and No. 21, 1959).

Section 2 of the Seat of Government (Designation) Ordinance 1938, as amended, provides as follows:

“2.  Where, in any Ordinance, not being an Ordinance specified in the Schedule to this Ordinance, or in any regulation or rule made under an Ordinance, the words ‘Territory for the Seat of Government’ or ‘Territory for the Seat of Government of the Commonwealth’ or ‘Territory for the Seat of Government of the Commonwealth of Australia’ or ‘Federal Capital Territory’ appear, the Ordinance, regulation or rule (as the case may be) is amended by omitting those words and inserting in their stead the words 'Australian Capital Territory’.”

The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.

Table of Amendments

ad. = added or inserted  am. = amended  rep. = repealed  rs. = repealed and substituted

Provision                   How affected

S. 2.................................... am. No. 6, 1975

S. 3.................................... rep. No. 35, 1938

ad. No. 8, 1950

rep. No. 21, 1959

ad. No. 6, 1975

rep. No. 46, 1975

S. 4.................................... am. Nos. 5 and 9, 1947; No. 8, 1950; No. 5, 1954; No. 5, 1955; No. 19, 1956; No. 21, 1959; No. 16, 1974; No. 7, 1975

rs. No. 2, 1981

S. 5.................................... am. No. 14, 1930; No. 23, 1934; No. 14, 1943; No. 5, 1947; No. 8, 1950; No. 5, 1954; No. 5, 1955; No, 19, 1956; No. 2, 1958; No. 17, 1970; No. 7, 1975

rep. No. 2, 1981

Ss. 5AAA-5AAE................. ad. No. 7, 1975

rep. No. 2, 1981

S. 5AA................................ ad. No. 2, 1958

rs. No. 3, 1960

rep. No. 2, 1981

S. 5AB................................ ad. No. 2, 1958

rep. No. 2, 1981

S. 5AC............................... ad. No. 16, 1974

rep. No. 2, 1981

S. 5AD............................... ad. No. 16, 1974

am. No. 6, 1975

rep. No. 2, 1981

S. 5AE................................ ad. No. 16, 1974

am. No. 19, 1979

rep. No. 2, 1981

S. 5AF................................ ad. No. 16, 1974

rep. No. 2, 1981

S. 5AFA............................. ad. No. 19, 1979

rep. No. 2, 1981

S. 5AG............................... ad. No. 16, 1974

am. No. 19, 1979

rep. No. 2, 1981

S. 5A.................................. ad. No. 5, 1947

am. No. 9, 1947; No. 8, 1950; No. 22, 1972; No. 7, 1975

rep. No. 2, 1981

Ss. 5B-5D.......................... ad. No. 8, 1950

rep. No. 2, 1981

S. 5E.................................. ad. No. 8, 1950

am. No. 21, 1959; No. 40, 1972; No. 19, 1979

rep. No. 2, 1981

S. 5EA................................ ad. No. 19, 1979

rep. No. 2, 1981

Ss. 5F, 5G......................... ad. No. 8, 1950

rep. No. 2, 1981

S. 5H.................................. ad. No. 8, 1950

am. No. 4, 1967

rep. No. 2, 1981

Ss. 5J, 5K........................... ad. No. 8, 1950

rep. No. 2, 1981

S. 6.................................... am. No. 8, 1950; No. 5, 1954; No. 16, 1974; Nos. 6 and 46, 1975

rep. No. 2, 1981

S. 7.................................... am. No. 8, 1950; No. 2, 1958; No. 21, 1959; No. 6, 1966

rep. No. 2, 1981

S. 7AA................................ ad. No. 6, 1966

am. No. 4, 1967

rep. No. 2, 1981

S. 7AB................................ ad. No. 6, 1966

rep. No. 2, 1981

S. 7A.................................. ad. No. 18, 1932

am. No. 8, 1950; No. 5, 1954

rep. No. 2, 1981

S. 7B.................................. ad. No. 2, 1958

am. No. 7, 1975

rep. No. 2, 1981

Ss. 7C, 7D......................... ad. No. 2, 1958

rep. No. 2, 1981

S. 8.................................... am. No. 4, 1967; No. 19, 1979

rep. No. 2, 1981

S. 9.................................... rep. No. 2, 1981

S. 10.................................. am. No. 4, 1967; No. 40, 1972

rep. No. 2, 1981

S. 11.................................. am. No. 4, 1967

rep. No. 40, 1972

S. 12.................................. am. No. 8, 1950

rep. No. 2, 1981

S. 13.................................. am. No. 2, 1964; No. 4, 1967; No. 2, 1981; No. 5, 1990; Act No. 81, 1994

S. 14.................................. am. No. 5, 1954; No. 5, 1990

S. 15.................................. am. No. 31, 1986

rep. Act No. 65, 1992

S. 17.................................. am. No. 4, 1967; No. 5, 1990; Act No. 65, 1992; No. 81, 1994

S. 18.................................. rep. No. 53, 1986

S. 19.................................. am. No. 5, 1990

S. 20.................................. am. No. 14, 1930; No. 5, 1990

S. 21.................................. am. No. 14, 1930; No. 5, 1990; Act No. 65, 1992

Ss. 22, 23........................... am. No. 5, 1990

S. 24.................................. am. No. 53, 1986; No. 5, 1990; Act No. 9, 1992

S. 25.................................. am. No. 4, 1967

rep. No. 2, 1981

S. 26.................................. am. No. 5, 1954

rep. No. 64, 1986

S. 26A................................ ad. No. 16, 1974

am. Nos. 6 and 46, 1975

rep. No. 2, 1981

S. 27.................................. am. No. 8, 1950

rep. No. 2, 1981

The Schedule.................... am. No. 5, 1954; No. 5, 1955; No. 19, 1956; No. 2, 1981