What is the difference between the power of arrest and detention under an ASIO warrant?
The power of arrest is an executive power conferred on police officers to take individuals into custody in certain circumstances and does not always require the existence of a warrant. For example, a police officer may arrest a person for a driving offence or for carrying out a burglary. The special power to detain someone under the ASIO Act is only authorised under a warrant signed by an issuing authority. An issuing authority is a judge or magistrate who has been appointed in writing by the Attorney-General. ASIO Officers do not have the power of arrest, and the police are responsible for detention under an ASIO warrant.
