Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23h:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23H (pt 1/2)
Character Range: 1043352–1046103

23H  Aboriginal persons and Torres Strait Islanders
 (1) Subject to section 23L, if the investigating official in charge of investigating a Commonwealth offence believes on reasonable grounds that a person who is under arrest, or who is a protected suspect, and whom it is intended to question about the offence is an Aboriginal person or a Torres Strait Islander, then, unless the official is aware that the person has arranged for a legal practitioner to be present during the questioning, the official must, before starting to question the person:
 (a) inform the person that a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located will be notified that the person is under arrest or is a protected suspect (as the case requires); and
 (b) notify such a representative that the person is under arrest or is a protected suspect (as the case requires).
 (1A) To avoid doubt, the obligations imposed by subsection (1) do not limit and are not limited by any other obligations imposed, or rights conferred, by this section.
 (1AB) If a representative of an Aboriginal legal assistance organisation is notified under subsection (1), the investigating official must not question the person until the earlier of the following times:
 (a) the representative has communicated with the person;
 (b) 2 hours have elapsed since the representative was notified.
 (2) Subject to subsection (7) and section 23L, if an investigating official:
 (a) interviews a person as a suspect (whether under arrest or not) for a Commonwealth offence, and believes on reasonable grounds that the person is an Aboriginal person or a Torres Strait Islander; or
 (b) believes on reasonable grounds that a person who is under arrest or a protected suspect is an Aboriginal person or a Torres Strait Islander;
the official must not question the person unless:
 (c) an interview friend is present while the person is being questioned and, before the start of the questioning, the official has allowed the person to communicate with the interview friend in circumstances in which, as far as practicable, the communication will not be overheard; or
 (d) the person has expressly and voluntarily waived his or her right to have such a person present.
 (2A) The person suspected, or under arrest, may choose his or her own interview friend unless:
 (a) he or she expressly and voluntarily waives this right; or
 (b) he or she fails to exercise this right within a reasonable 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