Document ID: chunk:federal_register_of_legislation:C2018C00156:section:37
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 37
Character Range: 47137–48773

37  Preliminary inquiries
 (1) Where:
 (a) a person is taken into custody under section 30, 33 or 34, or is arrested on a charge of a Convention offence; and
 (b) the Minister or an authorised person thinks that an inquiry under this section is appropriate;
the Minister or authorised person may, by written notice, authorise a magistrate to hold an inquiry into the facts relating to the alleged offence.
 (2) Upon receipt of a notice, the magistrate must hold an inquiry accordingly.
 (3) The magistrate of a State or Territory who holds an inquiry must take the evidence of each witness who gives evidence in the inquiry in the same way as if the witness were giving evidence on a charge against someone for an indictable offence against the law in force in that State or Territory.
 (4) The evidence of a witness may be taken in the presence or absence of the person taken into custody or charged with the offence.
 (5) The evidence of a witness must not be taken in the absence of the person taken into custody or charged with the offence unless the magistrate is satisfied that:
 (a) there is good reason why the person cannot be present, or should not be permitted to be present; or
 (b) the person has refused to be present.
 (6) The magistrate must:
 (a) cause a written record to be made of evidence taken under this section; and
 (b) certify at the end of the record that the evidence was taken by the magistrate, indicating whether, and to what extent, the evidence was so taken in the presence or absence of the person taken into custody or charged; and
 (c) cause the certified record to be sent to the Attorney‑General.