Victorian Consolidated Legislation

Crimes Act 1958 - SECT 464F

Right of foreign national to communicate with consular office

464F. Right of foreign national to communicate with consular office



(1) If a person in custody is not a citizen or permanent resident of
Australia, the investigating official in whose custody the person then is
must, before any questioning or investigation under section 464A(2) commences,
inform the person in custody that he or she may communicate with or attempt to
communicate with the consular office of the country of which the person is a
citizen and, unless the investigating official believes on reasonable grounds
that-

   (a)  the communication would result in the escape of an accomplice or the
        fabrication or destruction of evidence; or

   (b)  the questioning or investigation is so urgent, having regard to the
        safety of other people, that it should not be delayed-

the investigating official must defer the questioning or investigation for a
time that is reasonable in the circumstances to enable the person to make, or
attempt to make, the communication.

(2) Subject to subsection (1), if a person referred to in that subsection
wishes to communicate with the consular office of the country of which he or
she is a citizen, the investigating official in whose custody the person then
is must afford the person reasonable facilities as soon as practicable to
enable the person to do so.

(3) This section does not apply to questioning or investigation in connection
with an offence under section 49(1) of the Road Safety Act 1986.