Part IC - Investigation of Commonwealth offences  

Division 3 - Obligations of investigating officials  


These obligations apply in relation to protected suspects as well as to people under arrest.

SECTION 23P   Right of non-Australian nationals to communicate with consular office  

Subject to section 23L , if a person who is under arrest or a protected suspect is not an Australian citizen, an investigating official must, as soon as practicable:

(a) inform the person that if he or she requests that the consular office of:

(i) the country of which he or she is a citizen; or

(ii) the country to which he or she claims a special connection;
be notified that he or she is under arrest or a protected suspect (as the case requires), that consular office will be notified accordingly; and

(b) if the person so requests - notify that consular office accordingly; and

(c) inform the person that he or she may communicate with, or attempt to communicate with, that consular office; and

(d) give the person reasonable facilities to do so; and

(e) forward any written communication from the person to that consular office; and

(f) allow the person a reasonable time to, or to attempt to, communicate with that consular office.

Without limiting subsection (1), an investigating official must not start to question the person unless paragraphs (1)(c), (d) and (f) have been complied with.

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