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Thursday, 24 June 2004
Page: 31709

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Schedule 1, item 1, page 7 (after line 26), at the end of section 219ZJB, add:

(5) Subject to subsection (7), if a person is detained under this section for a period of greater than 45 minutes, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person's detention.

(6) Where a person detained under this section wishes to have a family member or another person notified of the person's detention, the officer must take all reasonable steps to notify the family member or another person.

(7) An officer who is detaining the person under this section may refuse to notify a family member or another person of the person's detention if the officer believes on reasonable grounds that such notification should not be made in order to:

(a) safeguard the processes of law enforcement; or

(b) protect the life and safety of any person.

(2) Schedule 1, item 1, page 8 (after line 12), at the end of section 219ZJC, add:

(4) Subject to subsection (6), if a person is detained under this section for a period of greater than 45 minutes, an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person's detention.

(5) Where a person detained under this section wishes to have a family member or another person notified of the person's detention, the officer must take all reasonable steps to notify the family member or another person.

(6) An officer who is detaining the person under this section may refuse to notify a family member or another person of the person's detention if the officer believes on reasonable grounds that such notification should not be made in order to:

(a) safeguard the processes of law enforcement; or

(b) protect the life and safety of any person.

(3) Schedule 1, item 1, page 9 (line 12), omit “may”, substitute “must”.

(4) Schedule 1, item 1, page 9 (line 15), omit “may”, substitute “must”.

(5) Schedule 1, item 1, page 10 (after line 32), at the end of Subdivision C, add:

219ZJJ Detention of minors

(1) Subject to subsection (2), an officer who under this Division detains a person who is known or believed to be a minor must:

(a) inform the minor of the right for a parent or guardian or person described in paragraph (c) to be notified of the minor's detention; and

(b) upon the request of the minor, take all reasonable steps to notify such person and inform them of:

(i) the fact that the minor has been detained; and

(ii) the place in which the minor is being held; and

(iii) the place to which the minor is to be transferred by police, if that place is known at the time of contacting the minor's parent or guardian; and

(iv) the reason for the minor's detention; and

(c) if a parent or guardian is not acceptable to the detained minor under this subsection, the detained minor may request that another person who is capable of representing the interests of the minor be notified.

(2) An officer who under this Division detains a person who is known or believed to be a minor may refuse to notify a parent or guardian or person described in paragraph (1)(c) of the person's detention if the officer believes on reasonable grounds that such notification should not be made in order to:

(a) safeguard the processes of law enforcement; or

(b) protect the life and safety of any person.

(3) If at the time of notifying the parent or guardian, the officer is not aware of the place referred to in subparagraph (1)(b)(iii), the officer must:

(a) contact the parent or guardian or other person described in paragraph (1)(c) immediately after that place becomes known to the officer; and

(b) inform the parent or guardian of that place.

(4) An officer who under this Division detains a person who is known or believed to be a minor must, at the time of advising a police officer of the minor's detention in accordance with subsection 219ZJB(2) or 219ZJC(2), advise the police officer of the fact that the detained person is a minor, or is believed to be a minor.

(5) For the purposes of this section, a minor is considered to be any person under the age of 18 years.