National Security Legislation Amendment Act 2010 (127 of 2010)

Schedule 3   Investigation of Commonwealth offences

Crimes Act 1914

18   Application

(1) Subject to subitem (2), the amendments made by this Schedule apply in relation to a person who is arrested after the commencement of this item.

(2) If:

(a) a person has been arrested more than once within any period of 48 hours; and

(b) the first of those arrests was made before the commencement of this item;

the amendments made by this Schedule do not apply in relation to the person for any later arrest that is made within that 48 hour period.

(3) However, in relation to a first arrest, disregard subitem (2) for a later arrest if:

(a) the later arrest is for a Commonwealth offence:

(i) that was committed after the end of the person's period of detention under Part IC of the Crimes Act 1914 for the first arrest; or

(ii) that arose in different circumstances to those in which any Commonwealth offence to which the first arrest relates arose, and for which new evidence has been found since the first arrest; and

(b) the person's questioning associated with the later arrest does not relate to:

(i) a Commonwealth offence to which the first arrest relates; or

(ii) the circumstances in which such an offence was committed.

(4) In this item:

Commonwealth offence has the same meaning as in Part IC of the Crimes Act 1914.