Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23b:p3
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23B (pt 3/3)
Character Range: 1009631–1011470

person;
 (iv) the official is exercising a power under a law of the Commonwealth to require the person to provide information or to answer questions; and
 (e) the person has not ceased to be a suspect under subsection (4).
 (3) A person ceases, for the purposes of this Part, to be arrested for a Commonwealth offence if the person is remanded in respect of that offence by a bail authority otherwise than under any of the following provisions of the Service and Execution of Process Act 1992:
 (a) paragraph 83(3)(b), (4)(b), (8)(a) or (8)(b);
 (b) subsection 83(12);
 (c) paragraph 83(14)(a);
 (d) subparagraph 84(4)(a)(ii) or (6)(a)(i).
 (4) A person ceases, for the purposes of this Part, to be arrested or a protected suspect if:
 (a) a designated official believes on reasonable grounds that the person is voluntarily taking part in covert investigations; and
 (b) those covert investigations are being conducted by the official for the purpose of investigating whether another person has been involved in the commission of an offence or suspected offence (whether a Commonwealth offence or not).
 (5) Subsection (4) does not prevent the person from being re‑arrested or again becoming a protected suspect.
 (6) In this Part, a reference to questioning a person:
 (a) is a reference to questioning the person, or carrying out an investigation (in which the person participates), to investigate the involvement (if any) of the person in any Commonwealth offence (including an offence for which the person is not under arrest); and
 (b) does not include a reference to carrying out a forensic procedure on the person under Part ID.

Division 2—Powers of detention
Note: The powers in this Division only apply in relation to people under arrest. They do not apply in relation to protected suspects.

Subdivision A—Non‑terrorism offences