Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40sb
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40SB
Character Range: 27658–30352

40SB  Arrangements for person in custody to give information

 (1) This section applies if a person (the detainee) is being detained in custody.

 (2) For the purposes of this section, a custodian is:
 (a) the person in whose custody the detainee is being detained; or
 (b) another person performing duties in connection with the detainee's detention.

 (3) The detainee may request a custodian to provide the detainee with:
 (a) facilities for preparing written information to give the Commissioner under section 40SA; and
 (b) facilities for giving further information to:
 (i) the Commissioner; or
 (ii) the person to whom the relevant AFP conduct or practices issue is allocated; and
 (c) facilities for enclosing the complaint or the further information in a sealed envelope.

 (4) If the detainee requests facilities under subsection (3), the detainee is entitled to be provided with those facilities.

 (5) The detainee may request a custodian to have sent to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) a sealed envelope that is:
 (a) delivered by the detainee to the custodian; and
 (b) addressed to the Commissioner (or the person to whom the issue is allocated).

 (6) If the detainee makes a request under subsection (5), the detainee is entitled to have the envelope delivered to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) without undue delay.

 (7) The detainee is entitled to have delivered to the detainee, without undue delay, any sealed envelope that:
 (a) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and
 (b) comes into the possession, or under the control, of a custodian.

 (8) A custodian is not entitled to open, or inspect any document enclosed in, a sealed envelope that:
 (a) either:
 (i) is addressed to the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) and delivered by the detainee to a custodian for sending to the Commissioner; or
 (ii) is addressed to the detainee and sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated); and
 (b) comes into the possession, or under the control, of a custodian.

 (9) For the purposes of this section, the Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Commissioner (or the person to whom the relevant AFP conduct or practices issue is allocated) to persons detained in custody in that State or Territory.