Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1q
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1Q
Character Range: 11102–12349

1Q  After section 104.28A of the Criminal Code
Insert:

104.28B  Giving documents to persons detained in custody
 (1) A document that is required under this Division to be given to a person (the prisoner) personally who is detained in custody at a prison is taken to have been given to the prisoner at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient):
 (a) the legal representative of the prisoner;
 (b) if the prisoner does not have a legal representative—the chief executive officer (however described) of the prison, or a delegate of the chief executive officer.
Note: The obligation to inform the prisoner of the matters referred to in paragraphs 104.12(1)(b), 104.17(1)(b) and 104.26(1)(b) and (c) might not apply if it is impracticable for an AFP member to comply with the obligation (see subsections 104.12(3A), 104.17(2A) and 104.26(3A)).
 (2) The recipient must, as soon as reasonably practicable, give the document to the prisoner personally.
 (3) Once the recipient has done so, he or she must notify the Court and the person who gave the recipient the document, in writing:
 (a) that the document has been given to the prisoner; and
 (b) of the day that document was so given.