Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (2), (3) and (4), if a requirement imposed on an investigating officer by section 101E is expressed to be subject to this section, the requirement does not apply if, and so long as, the investigating officer has reasonable grounds for believing that:
(a) compliance with the requirement is likely to result in:
(i) an accomplice of the person taking steps to avoid apprehension; or
(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness; or
(b) if the requirement relates to the deferral of questioning--the questioning is so urgent, having regard to the safety of other people, that it should not be delayed by compliance with that requirement.
(2) If the application of subsection (1) results in:
(a) preventing or delaying the person communicating with a legal practitioner of his or her choice; or
(b) preventing or delaying a legal practitioner of the person's choice attending at any questioning;
the investigating officer must offer the services of another legal practitioner and, if the person accepts the offer, make the necessary arrangements.
(3) If a requirement referred to in subsection (1) relates to things done by or in relation to a legal practitioner:
(a) subsection (1) applies only in exceptional circumstances; and
(b) if subsection (1) applies, the investigating officer must comply with the requirement as soon as possible after subsection (1) ceases to apply.
(4) If a requirement referred to in subsection (1) relates to things done by or in relation to a legal practitioner, subsection (1) only applies if an appropriate officer has authorised the application of subsection (1) and has made a record of the investigating officer's grounds for belief.
(5) An appropriate officer, for the purposes of subsection (4) is:
(a) if the person in custody is a member of the Australian Navy--a member of the Australian Navy holding the rank of Commander or a higher rank; or
(b) if the person in custody is a member of the Australian Army--a member of the Australian Army holding the rank of Lieutenant - Colonel or a higher rank; or
(c) if the person in custody is a member of the Australian Air Force--a member of the Australian Air Force holding the rank of Wing Commander or a higher rank.