Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"confession" includes any admission or incriminating statement.
"interview" , in relation to a person, includes asking the person questions in the course of investigating a service offence.
"investigating officer" means:
(a) a police member; or
(b) an officer, warrant officer or non - commissioned officer (not being a police member) engaged in the investigation of a service offence.
"relevant act" , in relation to a service offence, means:
(a) an act or omission that constituted, or was done or omitted to be done, as the case requires, in connection with, the commission of the service offence; or
(b) an act or omission believed by an investigating officer investigating the service offence to have constituted, or to have been done or omitted to have been done, as the case requires, in connection with, the commission of the service offence.
"relevant person" , in relation to a relevant act, means a person who was seen by another person doing or omitting to do, as the case requires, the relevant act.
"serious service offence" means a service offence punishable by a maximum punishment, or a fixed punishment, of imprisonment for life or a period exceeding 6 months.
"suspect" , in relation to a relevant act, means a person whom an investigating officer investigating the service offence in relation to the relevant act believes may be a person who did or omitted to do, as the case requires, the relevant act.
"tape recording" includes sound recording and video recording.
"telephone" includes telex, radio or similar facilities.
"witness" , in relation to a relevant act, means a person who saw another person doing or omitting to do, as the case requires, the relevant act.
(2) For the purposes of this Part, a person is in custody in respect of a service offence if the person is being detained as a person charged with the service offence or as a person arrested for, but not yet charged with, the service offence.
(3) If a person is not in custody in respect of a particular service offence (in this subsection referred to as the relevant service offence ), but:
(a) is in custody, or is undergoing detention or imprisonment, in respect of another service offence or is in custody for another reason; or
(b) in connection with the investigation of the relevant service offence, is in the company of an investigating officer;
and an investigating officer concerned in the investigation of the relevant service offence:
(c) in the case of a person to whom paragraph (a) applies--has come to the belief, or has given the person reasonable grounds for believing that the person has come to the belief, that it is probable that the person committed the relevant service offence; or
(d) in the case of a person to whom paragraph (b) applies--would not allow the person to leave, or has given the person reasonable grounds for believing that the person would not be allowed to leave, if the person wished to do so;
then, unless the contrary intention appears, the provisions of this Part have effect as if the person were in custody in respect of the relevant service offence.
(4) Unless the contrary intention appears, a reference in this Part to custody includes a reference to custody that was unlawfully commenced or is being unlawfully continued.
(5) Unless the contrary intention appears, a reference in this Part to a service offence includes a reference to a service offence that an investigating officer has reasonable grounds for believing is being, has been, or will be committed.
(6) Without prejudice to the interpretation of a provision of this Act (other than a provision of this Part):
(a) it is the duty of an investigating officer to comply with the provisions of this Part in exercising his or her powers, or performing his or her duties, as an investigating officer; and
(b) where an investigating officer contravenes a provision of this Part that is applicable to the officer--the contravention is not punishable as a service offence unless a penalty is provided by this Act or the regulations in respect of the contravention.
(7) Nothing in subsection (6) shall be taken to affect:
(a) the operation of any provision of this Act or the regulations relating to the exclusion of evidence; or
(b) any civil proceedings.