Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:4_15a
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 4 cl 15A
Character Range: 79229–80696

15A  Subsection 23B(2)
Repeal the subsection, substitute:

 (2) A person is a protected suspect if:
 (a) the person is in the company of an investigating official for the purpose of being questioned about a Commonwealth offence; and
 (b) the person has not been arrested for the offence; and
 (c) one or more of the following applies in relation to the person:
 (i) the official believes that there is sufficient evidence to establish that the person has committed the offence;
 (ii) the official would not allow the person to leave if the person wished to do so;
 (iii) the official has given the person reasonable grounds for believing that the person would not be allowed to leave if he or she wished to do so; and
 (d) none of the following applies in relation to the person:
 (i) the official is performing functions in relation to persons or goods entering Australia, and the official does not believe that the person has committed a Commonwealth offence;
 (ii) the official is performing functions in relation to persons or goods leaving Australia, and the official does not believe that the person has committed a Commonwealth offence;
 (iii) the official is exercising a power under a law of the Commonwealth to detain and search the 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).