Document ID: chunk:federal_register_of_legislation:C2025C00176:section:116g
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 116G
Character Range: 368213–369604

116G  Detention of illegal absentee
 (1) A person who is arrested under section 116F or who surrenders himself or herself as being illegally absent from the forces of a country in relation to which this section applies may be detained:
 (a) by a member or special member of the Australian Federal Police or a member of a police force of a State or Territory at a police station or at a place provided for the confinement of persons in lawful custody; or
 (b) by a member of the Defence Force at a place provided for the confinement of members of the Defence Force who are accused or convicted of offences;
for such time as is reasonably necessary to enable the person to be dealt with in accordance with section 116H.
 (2) As soon as practicable after a person is taken into custody under subsection (1), the person holding him or her in custody shall:
 (a) cause an authorized officer to be notified that the person has been taken into custody; and
 (b) take all reasonable steps to ensure that the person in custody understands his or her right to make a request under subsection (3).
 (3) A person in custody under this section may, on grounds specified by him or her, request that he or she be released from that custody.
 (4) Where a person makes a request under subsection (3), the person holding him or her in custody shall cause the request to be referred to an authorized officer.