Document ID: chunk:federal_register_of_legislation:F2023C00738:reg:11
Version: federal_register_of_legislation:F2023C00738
Segment Type: reg
Provision Reference: reg 11
Character Range: 7270–8496

11  Civil detention of arrested persons
 (1) This regulation applies to a member of a visiting force of a country if:
 (a) section 8 of the Act applies to the country; and
 (b) the member is charged with an offence that may be tried by a service tribunal of the visiting force.
 (2) For section 16 of the Act:
 (a) subsection 94(1) of the Defence Force Discipline Act 1982 applies to the member as if the member were a person arrested under that Act; and
 (b) subsection 94(2) of the Defence Force Discipline Act 1982 applies to the member as if the member were:
 (i) a person arrested under that Act; and
 (ii) in the custody of a member of the Defence Force.
 (3) For section 16 of the Act, if a commanding officer or the senior member mentioned in paragraph 94(2)(b) of the Defence Force Discipline Act 1982 certifies as mentioned in that paragraph in relation to the member, the officer or senior member must issue a warrant for the temporary detention of the member in a civil detention facility.
 (4) A warrant under subregulation (3) must be in accordance with the form in Schedule 3.
 (5) In this regulation:
civil detention facility has the meaning given by subsection 3(1) of the Defence Force Discipline Act 1982.