Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:3_84a
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 3 cl 84A
Character Range: 114808–116095

84A  Detention under paragraph 84(1)(ia)

 (1) A person (the detainee) detained under paragraph 84(1)(ia) must be released from detention:
 (a) as soon as an 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 paragraph 84(1)(ia); or
 (c) at the time a decision is made not to charge the detainee with an offence referred to in that paragraph; or
 (d) at the end of 168 hours after the detention began;
whichever occurs first.

 (2) Part IC of the Crimes Act 1914 applies in relation to the detainee while detained under paragraph 84(1)(ia) of this Act as if:
 (a) he or she were under arrest because of paragraph 23B(2)(b) for a Commonwealth offence for the purposes of that Part; and
 (b) an officer were an investigating official for the purposes of that Part.

 (3) Subsection (2) does not affect the operation of sections 23C, 23D and 23E of the Crimes Act 1914 as they apply of their own force in relation to a person who is lawfully arrested.

 (4) Paragraph 84(1)(ia) and this section do not authorise an officer to use more force in detaining a person than is reasonably necessary.