Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23b:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23B (pt 2/3)
Character Range: 1007202–1009858

covert investigations under the orders of a superior); or
 (b) a member of the police force of a State or Territory (other than a member of the police force of a State or Territory who is engaged in covert investigations under the orders of a superior); or
 (c) a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences (other than a person who is engaged in covert investigations under the orders of a superior).
investigation period means the investigation period prescribed by section 23C or 23DB, as the case requires.
protected suspect has the meaning given by subsection (2).
question has the meaning given by subsection (6).
serious Commonwealth offence means a Commonwealth offence that is punishable by imprisonment for a period exceeding 12 months.
tape recording means audio recording, video recording or recording by other electronic means.
under arrest: a person is under arrest if:
 (a) the person is arrested for a Commonwealth offence; and
 (b) the person's arrest has not ceased under subsection (3) or (4); and
 (c) the person has not been released.
 (2) A person is a protected suspect if:
 (a) the person is in the company of an investigating official for the purpose of being questioned about a Commonwealth offence; and
 (b) the person has not been arrested for the offence; and
 (c) one or more of the following applies in relation to the person:
 (i) the official believes that there is sufficient evidence to establish that the person has committed the offence;
 (ii) the official would not allow the person to leave if the person wished to do so;
 (iii) the official has given the person reasonable grounds for believing that the person would not be allowed to leave if he or she wished to do so; and
 (d) none of the following applies in relation to the person:
 (i) the official is performing functions in relation to persons or goods entering Australia, and the official does not believe that the person has committed a Commonwealth offence;
 (ii) the official is performing functions in relation to persons or goods leaving Australia, and the official does not believe that the person has committed a Commonwealth offence;
 (iii) the official is exercising a power under a law of the Commonwealth to detain and search the person;
 (iv) the official is exercising a power under a law of the Commonwealth to require the person to provide information or to answer questions; and
 (e) the person has not ceased to be a suspect under subsection (4).
 (3)