Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), if an officer knows or reasonably suspects that a non - citizen holds a visa that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or 501BA, the officer may detain the non - citizen.
(2) An officer must not detain an immigration cleared non - citizen under subsection (1) unless the officer reasonably suspects that if the non - citizen is not detained, the non - citizen would:
(a) attempt to evade the officer and other officers; or
(b) otherwise not co - operate with officers in their inquiries about the non - citizen's visa and matters relating to the visa.
(3) An officer may question a non - citizen detained because of this section about the visa and matters relevant to the visa.
(4) A non - citizen detained under subsection (1) must be released from questioning detention if the officer becomes aware that the non - citizen's visa is not one that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or 501BA.
(5) A non - citizen detained under subsection (1) must be released from detention within 4 hours after being detained, unless the non - citizen is detained under section 189 because of subsection 190(2).
(6) If the non - citizen has been detained because of subsection (1) more than once in any period of 48 hours, the 4 hours provided for by subsection (5) is reduced by so much of the earlier period of detention as occurred within that 48 hours.
(7) In finding out whether 4 hours have passed since a non - citizen was detained, the following times are to be disregarded:
(a) if the detainee is detained at a place that is inappropriate for questioning the detainee, the time that is reasonably required to take the detainee from that place to the nearest place that is appropriate;
(b) any time during which the questioning is suspended or delayed to allow the detainee, or someone else on the detainee's behalf, to communicate with a legal practitioner, friend, relative, guardian, interpreter or consular representative of the country of which the detainee is a citizen;
(c) any time during which the questioning is suspended or delayed to allow a person so communicated with or an interpreter required by an officer to arrive at the place where the questioning is to take place;
(d) any time during which the questioning is suspended or delayed to allow the detainee to receive medical attention;
(e) any time during which the questioning is suspended or delayed because of the detainee's intoxication;
(f) any reasonable time during which the questioning is suspended or delayed to allow the detainee to rest or recuperate.
Note: Section 5G may be relevant for determining relationships for the purposes of paragraph (7)(b).
(8) In paragraph (7)(b), guardian includes a person who is responsible, under a parenting order (within the meaning of the Family Law Act 1975 ), for the detainee's long - term care, welfare and development.