Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23b:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23B (pt 1/3)
Character Range: 1004744–1007422

23B  Definitions
 (1) In this Part:
Aboriginal legal assistance organisation means an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and Torres Strait Islanders.
arrested: a person is arrested if:
 (a) the person is arrested for a Commonwealth offence; and
 (b) the person's arrest has not ceased under subsection (3) or (4); and
 (c) the person has not been released.
authorising officer, in relation to an investigating official, means:
 (a) if the investigating official is a member or special member of the Australian Federal Police—a person for the time being holding office or acting as:
 (i) the Commissioner; or
 (ii) a Deputy Commissioner; or
 (iii) a member or special member of the Australian Federal Police who is of the rank of superintendent or higher; or
 (b) if the investigating official is a member of the police force of a State or Territory—a person for the time being holding office or acting as:
 (i) the Commissioner or the person holding equivalent rank; or
 (ii) an Assistant Commissioner or a person holding equivalent rank; or
 (iii) a superintendent or a person holding equivalent rank;
  of the police force of that State or Territory.
Commonwealth offence means:
 (a) an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the Defence Force Discipline Act 1982; or
 (b) a State offence that has a federal aspect.
designated official means:
 (a) a member or special member of the Australian Federal Police; or
 (b) a member of the police force of a State or Territory; or
 (c) a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences.
inform, in relation to an investigating official informing a person who is under arrest or a protected suspect, means notify the person:
 (a) in a language in which the person is able to communicate with reasonable fluency; and
 (b) in a manner that the official has reasonable grounds to believe is a manner that the person can understand having regard to any apparent disability the person has.
investigating official means:
 (a) a member or special member of the Australian Federal Police (other than a member or special member of the Australian Federal Police who is engaged in covert investigations under the orders of a superior); or
 (b) a member of the police force of a State or Territory (other than a member of the police force of a State or Territory who is engaged in covert investigations