Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen a charge for an offence is imminent
(1) A charge for an offence is imminent for a person if:
(a) the person is a protected suspect; or
(b) the person is under arrest for the offence, but has not been charged with the offence; or
(c) a person with authority to commence a process for prosecuting the person for the offence has decided to commence, but has not yet commenced, the process.
Note: Paragraph (1)(c) would apply, for example, if a person with authority to lay a charge has decided to lay, but not yet laid, the charge.
When a confiscation proceeding is imminent
(2) A confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.
Meaning of protected suspect
(3) Each of the following is a protected suspect :
(a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914 );
(b) a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.