Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_37a
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 37A
Character Range: 21507–22815

37A  Section 104.28B of the Criminal Code
Repeal the section, substitute:

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 detainee) personally who is detained in custody is taken to have been given to the detainee 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 detainee;
 (b) if the detainee does not have a legal representative—the chief executive officer (however described) of the prison or other facility in which the person is detained, or a delegate of the chief executive officer.
Note: The obligation to inform the detainee 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 detainee personally.
 (3) Once the recipient has done so, the recipient must notify the Court and the person who gave the recipient the document, in writing:
 (a) that the document has been given to the detainee; and
 (b) of the day that document was so given.