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COMMONWEALTHAct
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Sch 1A (Provisions relating to), s 13

End of detention

In force
Schedule 1AProvisions relating to detention of suspected illegal foreign fishers
Part 2Detaining suspected illegal foreign fishers
Division 5End of detention

13 End of detention

A detainee must be released from detention:

(a)

as soon as an officer or detention officer knows or reasonably believes that the detainee is an Australian citizen or an Australian resident; or

(b)

at the time the detainee is brought before a magistrate following a decision to charge the detainee with an offence referred to in subclause 8(1); or

(c)

at the time a decision is made not to charge the detainee with an offence referred to in that subclause; or

(d)

at the end of 168 hours after the detention began;

whichever occurs first.

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