Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_13:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 13 (pt 1/2)
Character Range: 308059–310649

13  End of detention

Detainee who was on a foreign boat
 (1) A detainee who was detained under subclause 8(1) because the officer mentioned in that subclause had reasonable grounds to believe that the detainee was on a foreign boat must be released from detention:
 (a) as soon as an officer or detention officer knows or reasonably believes that the detainee is an Australian citizen or an Australian resident; or
 (b) at the time the detainee is brought before a magistrate following a decision to charge the detainee with an offence referred to in subclause 8(1); or
 (c) at the time a decision is made not to charge the detainee with an offence referred to in that subclause; or
 (d) at the end of 168 hours after the detention began;
whichever occurs first.

Detainee who was on a Papua New Guinea boat
 (2) A detainee who was detained under subclause 8(1) because the officer mentioned in that subclause had reasonable grounds to believe that the detainee was on a Papua New Guinea boat must be released from detention:
 (a) as soon as an officer or detention officer knows or reasonably believes that the detainee is an Australian citizen or an Australian resident; or
 (b) as soon as an officer believes that the detainee did not commit an offence described in that subclause; or
 (c) as soon as an officer finishes investigating whether the detainee committed an offence described in that subclause; or
 (d) at the end of 72 hours after the detention began;
whichever occurs first.

Papua New Guineans on foreign boats
 (3) Subclause (1) ceases to apply to a detainee, and subclause (2) applies instead to the detainee (as if the officer mentioned in subclause 8(1) had reasonable grounds to believe that the detainee had been on a Papua New Guinea boat), if an officer or detention officer knows or reasonably believes that the detainee is:
 (a) a citizen of Papua New Guinea; or
 (b) a person who is usually resident in Papua New Guinea and whose continued presence there is not subject to a limitation as to time imposed by law.
Note: The fact that subclause (2) applies as if the officer mentioned in subclause 8(1) had reasonable grounds to believe that the detainee had been on a Papua New Guinea boat does not affect whether the detainee was using a foreign boat in an offence against section 45, 46A, 46B, 46C, 46D or 48.
 (4) To avoid doubt, subclause (3) does not affect the validity of the detention of a detainee before the first time (the recognition time) an officer or detention officer knew or reasonably believed that the detainee was:
 (a) a citizen of Papua New