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CRIMES ACT 1914 SECT 23B
23B Definitions
- (1)
- In this Part:
Aboriginal legal aid organisation means an
organisation that provides legal assistance to Aboriginal
persons and Torres Strait Islanders, being an organisation
identified in the regulations for the purposes of this
definition.
arrested or under arrest has the meaning
given by subsections (2), (3) and (4), and arrest has
a corresponding meaning.
Commonwealth offence means an offence against a
law of the Commonwealth, other than an offence that is a
service offence for the purposes of the Defence
Force Discipline Act 1982 .
investigating official means:
- (a)
- a member or special member of the Australian Federal
Police; or
- (b)
- a member of the police force of a State or
Territory; or
- (c)
- a person who holds an office the functions of which
include the investigation of Commonwealth offences and
who is empowered by a law of the Commonwealth because
of the holding of that office to make arrests in
respect of such offences.
investigation period means the investigation period
prescribed by section 23C.
magistrate includes a justice of the peace.
question has the meaning given by subsection (6).
tape recording includes audio recording and
video recording.
- (2)
- Subject to subsections (3) and (4), a reference in
this Part to a person who is arrested includes a reference
to a person who is in the company of an investigating
official for the purpose of being questioned, if:
- (a)
- the official believes that there is sufficient
evidence to establish that the person has committed a
Commonwealth offence that is to be the subject of the
questioning; or
- (b)
- the official would not allow the person to leave if
the person wished to do so; or
- (c)
- the official has given the person reasonable grounds
for believing that the person would not be allowed to
leave if he or she wished to do so;
but a person is not treated as being arrested only because
of this subsection if:
- (d)
- the official is performing functions in relation to
persons or goods entering Australia and the official
does not believe that the person has committed a
Commonwealth offence; or
- (e)
- the official is exercising a power under a law of
the Commonwealth to:
- (i)
- detain and search the person; or
- (ii)
- to require the person to provide information or to
answer questions.
- (3)
- Where a person who has been arrested for a Commonwealth
offence is remanded by a magistrate in respect of that
offence, the person ceases to be treated, for the purposes
of this Part, as being under arrest for that offence.
- (4)
- Where:
- (a)
- a person is under arrest for a Commonwealth offence;
and
- (b)
- an investigating official believes on reasonable
grounds that the person voluntarily takes part in
covert investigations described in subsection (5);
the person is taken, for all purposes, to cease to be under
arrest for the offence, but this subsection does not prevent
the person from being re-arrested for the offence.
- (5)
- Subsection (4) applies to covert investigations
conducted by the investigating official for the purpose of
investigating whether a person other than the arrested
person has been involved in the commission of an offence
or suspected offence (whether a Commonwealth offence or
not).
- (6)
- In this Part, a reference to questioning a person:
- (a)
- is a reference to questioning the person, or
carrying out an investigation (in which the person
participates), to investigate the involvement (if any)
of the person in any Commonwealth offence (including
an offence for which the person is not under arrest);
and
- (b)
- does not include a reference to carrying out a
forensic procedure on the person under Part 1D.
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