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AUSTRALIAN ANTARCTIC TERRITORY

Criminal Procedure Ordinance 1993

Ordinance No. 2 of 1993 as amended

made under the

Australian Antarctic Territory Act 1954

This compilation was prepared on 28 February 2002
taking into account amendments up to Ordinance No. 1 of 2002

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part 1 Preliminary

 1 Short title [see Note 1]
 2 Commencement
 3 Application of this Ordinance
 4 Interpretation
 4A Application of the Criminal Code
 5 Identity cards
 6 Places of detention

Part 2 Search

 7 Searches in emergencies
 8 Other searches
 9 Things that have been seized

Part 3 Arrest and summons

 10 Arrest without warrant
 11 Application for warrant to arrest
 12 Procedure at the time of arrest
 13 Arrested persons to be placed in custody
 14 Release of certain arrested persons
 15 Procedure following arrest without warrant
 16 Warrants to arrest
 17 Summons

Part 4 Search warrants and warrants to arrest

 18 Interpretation
 19 Application for warrants
 20 Grant of warrants
 21 Giving effect to warrants

Part 5 Persons being searched and persons in custody

Division 1 Search of persons

 22 Searching persons

Division 2 Persons in custody

 23 Warning to be given to persons in custody
 24 Charging of arrested persons
 25 Information and directions about persons in custody
 26 Facilities to be made available to persons in custody
 27 Provision of information about persons in custody

Part 6 Bail and detention

Division 1 Bail

 28 Applications for bail
 29 Grant of bail

Division 2 Detention

 30 Warrants of detention
 31 Detainees

Part 7 Evidence

 32 Interpretation
 33 Right to remain silent etc. not affected
 34 Certain statements to be admissible as evidence
 35 Records of answers, admissions and confessions
 36 Records of statements to be made available without charge
 37 Court may admit non‑complying evidence in certain circumstances
 38 Certain acts or omissions to be proved
 39 Evidentiary certificates
 40 Copies of documents

Part 8 Removal of detainees from the Territory

 41 Interpretation
 42 Detainees may be taken from, and detained outside, the Territory
 43 Imprisonment in a State or another Territory
 44 Manner of imprisonment
 45 Conveying of detainees to appear before courts

Part 9 Miscellaneous

Division 1 General

 46 Interpretation
 47 Warrants for apprehension
 48 Effect of warrants, summons and certificates of bail
 49 Discontinuance or variation of charge, summons or warrant

Division 2 Other offences

 50 Requirement to give name and address

Division 3 Other matters

 52 Use of force generally
 53 Jurisdiction and powers of Supreme Court
 54 Arrangements with States and Territories
 55 Delegation
 56 Liability for wrongful acts of certain persons
 57 Regulations

Schedule 1 Forms
Form 1
Form 2
Form 3
Form 4
Form 5