Right of visiting foreign national to communicate with embassy or consular office
32 Right of visiting foreign national to communicate with embassy or consular office
The police officer may, for the purpose of deciding whether a relevant person is a visiting foreign national for section 434 of the Act, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence.
If the police officer reasonably suspects the person is a visiting foreign national, the police officer must inform the relevant person of the person’s rights under section 434 of the Act in a way substantially complying with the following statements—
‘Before I ask you any questions, I must tell you that you have the right to telephone, or attempt to telephone, the embassy or consular office of the country of which you are a citizen.
Do you want to telephone your embassy or consular office?’.
If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the information in the person’s own words.
If necessary, the police officer must further explain the information.
In this section—
visiting foreign national means a person who is not—
an Australian citizen; or
a foreign national with a right of residence in Australia.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.