Document ID: chunk:federal_register_of_legislation:C2004A01220:clause:1_9
Version: federal_register_of_legislation:C2004A01220
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 8056–8893

9  After subsection 101C(2)
Insert:

 (2A) A caution for the purpose of subsection (2) must be given in, or translated into, a language in which the person being cautioned is able to communicate with reasonable fluency, but need not be given in writing.

 (2B) An investigating officer who is required by subsection (2) to caution a person must, if practicable, tape record the giving of the caution and the person's response (if any).

 (2C) If:
 (a) an investigating officer cautions a person under this section; and
 (b) the giving of the caution and the person's response (if any) to the caution are not tape recorded;
then, in any proceedings before a service tribunal, the prosecution has the burden of proving that it was not practicable to tape record the giving of the caution or the person's response (if any) to the caution.