Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 409

409 Effect of unforeseen delays on detention

(1) If, because of reasonably unforeseen time out, a delay happens in making an application for an extension of the initial period of detention of a person, the detention of the person continues to be lawful, but only for the time reasonably necessary to enable the application to be made and decided.

(2) If, because of reasonably unforeseen time out—

(a) questioning of a person during an extended detention period is suspended or delayed; or

(b) a delay happens in making an application for an extension of an extended detention period;

the detention of the person beyond the end of the extended detention period continues to be lawful and the time allowed for questioning is not affected.

Example of unforeseen time out—

A police car used to transport a suspect from Burketown to Mount Isa breaks down or can not get through because of impassable roads and the magistrate can not be contacted by phone or radio.