Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23h:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23H (pt 2/2)
Character Range: 1045856–1048075

period; or
 (c) the interview friend chosen does not arrive within 2 hours of the person's first opportunity to contact an interview friend.
 (2B) If an interview friend is not chosen under subsection (2A), the investigating official must choose a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located to be the person's interview friend.
 (3) An interview friend may be excluded from the questioning if he or she unreasonably interferes with it.
 (4) In any proceedings, the burden lies on the prosecution to prove that an Aboriginal person or Torres Strait Islander has waived the right referred to in subsection (2) or (2A), and the burden is not discharged unless the court is satisfied that the person voluntarily waived that right, and did so with full knowledge and understanding of what he or she was doing.
 (5) In any proceedings, the burden lies on the prosecution to prove that, at the relevant time, a person who is under arrest or a protected suspect had, to the knowledge of the investigating official concerned, made an arrangement of the kind referred to in subsection (1).
 (6) The rights conferred by this section are in addition to those conferred by section 23G but, to the extent (if any) that compliance with this section results in compliance with section 23G, the requirements of section 23G are satisfied.
 (7) If the person is under 18, subsection (2) does not apply and section 23K applies.
 (8) An investigating official is not required to comply with subsection (1), (2) or (2B) in respect of a person if the official believes on reasonable grounds that, having regard to the person's level of education and understanding, the person is not at a disadvantage in respect of the questioning referred to in that subsection in comparison with members of the Australian community generally.
 (9) In this section:
interview friend, in relation to a person to whom subsection (2) applies, means:
 (a) a relative or other person chosen by the person; or
 (b) a legal practitioner acting for the person; or
 (c) a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located.