Document ID: chunk:federal_register_of_legislation:C2025C00049:section:132
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 132
Character Range: 183255–184411

132  Meaning of imminent and protected suspect

When a charge for an offence is imminent
 (1) A charge for an offence is imminent for a person if:
 (a) the person is a protected suspect; or
 (b) the person is under arrest for the offence, but has not been charged with the offence; or
 (c) a person with authority to commence a process for prosecuting the person for the offence has decided to commence, but has not yet commenced, the process.
Note: Paragraph (1)(c) would apply, for example, if a person with authority to lay a charge has decided to lay, but not yet laid, the charge.

When a confiscation proceeding is imminent
 (2) A confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.

Meaning of protected suspect
 (3) Each of the following is a protected suspect:
 (a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914);
 (b) a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.