Right of non‑Australian nationals to communicate with consular office
23P Right of non‑Australian nationals to communicate with consular office
Subject to section 23L, if a person who is under arrest or a protected suspect is not an Australian citizen, an investigating official must, as soon as practicable:
inform the person that if he or she requests that the consular office of:
the country of which he or she is a citizen; or
the country to which he or she claims a special connection;
be notified that he or she is under arrest or a protected suspect (as the case requires), that consular office will be notified accordingly; and
if the person so requests—notify that consular office accordingly; and
inform the person that he or she may communicate with, or attempt to communicate with, that consular office; and
give the person reasonable facilities to do so; and
forward any written communication from the person to that consular office; and
allow the person a reasonable time to, or to attempt to, communicate with that consular office.
Without limiting subsection (1), an investigating official must not start to question the person unless paragraphs (1)(c), (d) and (f) have been complied with.
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