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SCHEDULES

SCHEDULE 3Border security

PART 3Review of detention

Representations

53(1)Before determining whether to authorise a detainee’s continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—

(a)the detainee, or

(b)a solicitor representing the detainee who is available at the time of the review.

(2)Representations may be oral or written.

(3)A review officer may refuse to hear oral representations from the detainee if the officer considers that the detainee is unfit to make representations because of the detainee’s condition or behaviour.