Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:4_50
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 4 cl 50
Character Range: 88402–89666

50  Subsections 23L(2), (3) and (4)
Repeal the subsections, substitute:

 (2) If the requirement relates to things done by or in relation to a legal practitioner, subsection (1) only applies:
 (a) in exceptional circumstances; and
 (b) if:
 (i) an officer of a police force of the rank of Superintendent or higher; or
 (ii) the holder of an office prescribed for the purposes of this section, other than an office in a police force;
  has authorised the application of subsection (1) and has made a record of the investigating official's grounds for belief.

 (3) If the application of subsection (1) is so authorised:
 (a) the record of the investigating official's grounds for belief must be made as soon as practicable; and
 (b) the investigating official must comply with the requirement as soon as possible after subsection (1) ceases to apply.

 (4) If the application of subsection (1) results in:
 (a) preventing or delaying the person from communicating with a legal practitioner of his or her choice; or
 (b) preventing or delaying a legal practitioner of the person's choice from attending at any questioning;
the investigating official must offer the services of another legal practitioner and, if the person accepts, make the necessary arrangements.