s. 464 (30A) Custody and investigation Pt 3 Div. 1 Subdiv. (30A) (Heading and ss 464–464J) inserted by No. 37/1988 s. 5. 464 Definitions New s. 464 inserted by No. 37/1988 (1) For the purposes of this Subdivision a person is in s. 5. custody if he or she is— (a) under lawful arrest by warrant; or (b) under lawful arrest under section 458 or 459 or a provision of any other Act; or (c) in the company of an investigating official and is— (i) being questioned; or (ii) to be questioned; or (iii) otherwise being investigated— to determine his or her involvement (if any) in the commission of an offence if there is sufficient information in the possession of the investigating official to justify the arrest of that person in respect of that offence. (2) In this Subdivision— means— S. 464(2) appropriate authority def. of appropriate (a) in relation to the Commonwealth or the authority Commissioner (within the —the inserted by No. 16/2002 meaning of section 23WA of the s. 5. Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or (b) in relation to any other participating jurisdiction—an authority exercising, in relation to the police force of that
Pt 3 Div. 1 Subdiv. (30A) (Heading and ss 464–464J) inserted by No. 37/1988 s. 5. (30A) Custody and investigation New s. 464 inserted by No. 37/1988 s. 5. 464 Definitions s. 464 (1) For the purposes of this Subdivision a person is in custody if he or she is— (a) under lawful arrest by warrant; or (b) under lawful arrest under section 458 or 459 or a provision of any other Act; or (c) in the company of an investigating official and is— (i) being questioned; or (ii) to be questioned; or (iii) otherwise being investigated— to determine his or her involvement (if any) in the commission of an offence if there is sufficient information in the possession of the investigating official to justify the arrest of that person in respect of that offence. (2) In this Subdivision— S. 464(2) def. of appropriate authority inserted by No. 16/2002 s. 5. appropriate authority means— (a) in relation to the Commonwealth or the —the Commissioner (within the meaning of section 23WA of the Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or (b) in relation to any other participating jurisdiction—an authority exercising, in relation to the police force of that
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