Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH

Part 5.3 - Terrorism

Division 104 - Control orders

View history note

Subdivision I - Miscellaneous

View history note

SECTION 104.28B Giving documents to persons detained in custody

View history reference

(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.

View history note

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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.