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Law Enforcement (AFP Professional Standards and Related Measures) Act 2006
38Paragraph 105.29(2)(d) of the Criminal Code
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38 Paragraph 105.29(2)(d) of the Criminal Code
(d) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:
(i) the application for the continued order; or
(ii) the treatment of the person by an AFP member in connection with the person’s detention under the continued order; and
(da) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:
(i) the application for the continued order; or
(ii) the treatment of the person by an AFP member in connection with the person’s detention under the continued order; and
39 Subsection 105.36(1) of the Criminal Code
(1) The person being detained is entitled to contact:
(a) the Commonwealth Ombudsman in accordance with subsections 7(3) to (5) of the Ombudsman Act 1976; or
(b) a person referred to in subsection 40SA(1) of the Australian Federal Police Act 1979 in accordance with section 40SB of that Act.
Note 1: Subsections 7(3) to (5) of the Ombudsman Act 1976 provide for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.
Note 2: Section 40SB of the Australian Federal Police Act 1979 provides for the manner in which a person who is in custody may give information under section 40SA of that Act.
40 Paragraph 105.37(1)(c) of the Criminal Code
(c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:
(ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; or
(ca) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to:
(ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; or