Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101 (pt 2/2)
Character Range: 261185–263014

offence:
 (c) in the case of a person to whom paragraph (a) applies—has come to the belief, or has given the person reasonable grounds for believing that the person has come to the belief, that it is probable that the person committed the relevant service offence; or
 (d) in the case of a person to whom paragraph (b) applies—would not allow the person to leave, or has given the person reasonable grounds for believing that the person would not be allowed to leave, if the person wished to do so;
then, unless the contrary intention appears, the provisions of this Part have effect as if the person were in custody in respect of the relevant service offence.
 (4) Unless the contrary intention appears, a reference in this Part to custody includes a reference to custody that was unlawfully commenced or is being unlawfully continued.
 (5) Unless the contrary intention appears, a reference in this Part to a service offence includes a reference to a service offence that an investigating officer has reasonable grounds for believing is being, has been, or will be committed.
 (6) Without prejudice to the interpretation of a provision of this Act (other than a provision of this Part):
 (a) it is the duty of an investigating officer to comply with the provisions of this Part in exercising his or her powers, or performing his or her duties, as an investigating officer; and
 (b) where an investigating officer contravenes a provision of this Part that is applicable to the officer—the contravention is not punishable as a service offence unless a penalty is provided by this Act or the regulations in respect of the contravention.
 (7) Nothing in subsection (6) shall be taken to affect:
 (a) the operation of any provision of this Act or the regulations relating to the exclusion of evidence; or
 (b) any civil proceedings.