Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p39
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 96624–99326

non-citizen detained under subsection (1) must be released from questioning detention if the officer becomes aware that the non-citizen's visa is not one that may be cancelled under Subdivision C, D or G of Division 2.

"(5) A non-citizen detained under subsection (1) must be released from detention within 4 hours after being detained.

"(6) If the non-citizen has been detained because of subsection (1) more than once in any period of 48 hours, the 4 hours provided for by subsection (2) is reduced by so much of the earlier period of detention as occurred within that 48 hours.

"(7) In finding out whether 4 hours have passed since a non-citizen was detained, the following times are to be disregarded:

     (a)     if the detainee is detained at a place that is inappropriate for questioning the person, the time that is reasonably required to take the detainee from that place to the nearest place that is appropriate;

   (b)     any time during which the questioning is suspended or delayed

     to allow the detainee, or someone else on the detainee's behalf, to communicate with a legal practitioner, friend, relative, guardian, interpreter or consular representative of the country of which the person is a citizen;

    (c)     any time during which the questioning is suspended or delayed to allow a person so communicated with or an interpreter required by an officer to arrive at the place where the questioning is to take place;

    (d)     any time during which the questioning is suspended or delayed to allow the detainee to receive medical attention;

    (e)     any time during which the questioning is suspended or delayed because of the detainee's intoxication;

     (0 any reasonable time during which the questioning is suspended or delayed to allow the detainee to rest or recuperate.

Sections not apply

"54ZA. Section 54ZB does not apply to a person detained under section 54W on being refused immigration clearance or detained under section 54Z.

Detainee to be told consequences of detention

"54ZB. As soon as reasonably practicable after an officer detains a person under section 54W, the officer must ensure that the person is made aware of the provisions of sections 54ZC and 54ZD.

Detainee may apply for visa

  "54ZC.(1) A detainee may apply for a visa:

    (a)     within 2 days after the day on which section 54ZB was complied with in relation to his or her detention; or

    (b)     if he or she informs an officer in writing within those 2 days of his or her intention to so apply—within the next 5 days after those 2 days.

"(2) A detainee who does not apply for a visa within the time allowed by subsection (1) may not apply for a visa, other than a