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Thursday, 17 June 2004
Page: 24197


Senator ELLISON (Minister for Justice and Customs) (9:26 PM) —As I understand it, the usual remedies would apply in relation to unlawful detention or arrest in this circumstance. I think that is what Senator Nettle is driving at. Of course, police have to carry out appropriate standards in the investigation of a matter, the apprehension of a person, the questioning of that person and, certainly, in relation to the arrest and charging of that person. All those normal requirements apply and, of course, if an arrest is executed unlawfully, the usual remedies would be open to the person concerned. That would follow for unlawful detention.