Section 38

Except when exercising any powers under section 51AA, every immigration officer appointed under this Act has the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal.

Every immigration officer has the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act or the regulations.

In any case relating to the commission of an offence under this Act or the regulations, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence.

For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police.