Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 5.3 - Terrorism  

Division 104 - Control orders  

Subdivision I - Miscellaneous  

SECTION 104.28B   Giving documents to persons detained in custody  

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.


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) ).

The recipient must, as soon as reasonably practicable, give the document to the prisoner personally.

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.

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