DEFENCE ACT 1903 - SECT 116G Detention of illegal absentee

DEFENCE ACT 1903 - SECT 116G

  (1)   A person who is arrested under section   116F or who surrenders himself or herself as being illegally absent from the forces of a country in relation to which this section applies may be detained:

  (a)   by a member or special member of the Australian Federal Police or a member of a police force of a State or Territory at a police station or at a place provided for the confinement of persons in lawful custody; or

  (b)   by a member of the Defence Force at a place provided for the confinement of members of the Defence Force who are accused or convicted of offences;

for such time as is reasonably necessary to enable the person to be dealt with in accordance with section   116H.

  (2)   As soon as practicable after a person is taken into custody under subsection   ( 1), the person holding him or her in custody shall:

  (a)   cause an authorized officer to be notified that the person has been taken into custody; and

  (b)   take all reasonable steps to ensure that the person in custody understands his or her right to make a request under subsection   ( 3).

  (3)   A person in custody under this section may, on grounds specified by him or her , request that he or she be released from that custody.

  (4)   Where a person makes a request under subsection   ( 3), the person holding him or her in custody shall cause the request to be referred to an authorized officer.