Schedule
-
The Criminal Code
Section
3
CHAPTER 5
-
THE SECURITY OF THE COMMONWEALTH
Part 5.3
-
Terrorism
Division 104
-
Control orders
History
Div 104 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1.
Subdivision I
-
Miscellaneous
History
Subdiv I heading inserted by No 82 of 2016, s 3 and Sch 2 item 33, effective 30 November 2016.
SECTION 104.28B
Giving documents to persons detained in custody
(1)
A document that is required under this Division to be given to a person (the
detainee
) personally who is detained in custody is taken to have been given to the detainee at the time referred to in paragraph
(3)(b)
if the document is given to the following person (the
recipient
):
(a)
the legal representative of the detainee;
(b)
if the detainee does not have a legal representative
-
the chief executive officer (however described) of the prison or other facility in which the person is detained, or a delegate of the chief executive officer.
Note:
The obligation to inform the detainee of the matters referred to in paragraphs
104.12(1)(b)
,
104.17(1)(b)
and
104.26(1)(b)
and (c) might not apply if it is impracticable for an AFP member to comply with the obligation (see subsections
104.12(3A)
,
104.17(2A)
and
104.26(3A)
).
(2)
The recipient must, as soon as reasonably practicable, give the document to the detainee personally.
(3)
Once the recipient has done so, the recipient must notify the Court and the person who gave the recipient the document, in writing:
(a)
that the document has been given to the detainee; and
(b)
of the day that document was so given.
History
S 104.28B substituted by No 131 of 2021, s 3 and Sch 1 item 37A, effective 9 December 2021. S 104.28B formerly read:
SECTION 104.28B Giving documents to persons detained in custody
(1)
A document that is required under this Division to be given to a person (the
prisoner
) personally who is detained in custody at a prison is taken to have been given to the prisoner at the time referred to in paragraph (3)(b) if the document is given to the following person (the
recipient
):
(a)
the legal representative of the prisoner;
(b)
if the prisoner does not have a legal representative
-
the chief executive officer (however described) of the prison, or a delegate of the chief executive officer.
Note:
The obligation to inform the prisoner of the matters referred to in paragraphs 104.12(1)(b), 104.17(1)(b) and 104.26(1)(b) and (c) might not apply if it is impracticable for an AFP member to comply with the obligation (see subsections 104.12(3A), 104.17(2A) and 104.26(3A)).
(2)
The recipient must, as soon as reasonably practicable, give the document to the prisoner personally.
(3)
Once the recipient has done so, he or she must notify the Court and the person who gave the recipient the document, in writing:
(a)
that the document has been given to the prisoner; and
(b)
of the day that document was so given.
S 104.28B inserted by No 95 of 2016, s 3 and Sch 1 item 1Q, effective 7 June 2017.