Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision D - Informing person detained about preventative detention order  

SECTION 105.28   Effect of initial preventative detention order to be explained to person detained  

(1)  
As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).

Note 1:

A contravention of this subsection may be an offence under section 105.45 .

Note 2:

A contravention of this subsection does not affect the lawfulness of the person ' s detention under the order (see subsection 105.31(5) ).

(2)  
The matters covered by this subsection are:


(a) the fact that the preventative detention order has been made in relation to the person; and


(b) the period during which the person may be detained under the order; and


(c) the restrictions that apply to the people the person may contact while the person is being detained under the order; and


(d) the fact that an application may be made under section 105.11 for an order that the person continue to be detained for a further period; and


(da) the person ' s entitlement under subsection 105.17(7) to make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked; and


(e) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:


(i) the application for, or the making of, the preventative detention order; or

(ii) the treatment of the person by an AFP member in connection with the person ' s detention under the order; and


(ea) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:


(i) the application for, or the making of, the preventative detention order; or

(ii) the treatment of the person by an AFP member in connection with the person ' s detention under the order; and


(f) any right the person has to complain to an officer or authority of a State or Territory in relation to the treatment of the person by a member of the police force of that State or Territory in connection with the person ' s detention under the order; and


(g) the fact that the person may seek from a federal court a remedy relating to:


(i) the order; or

(ii) the treatment of the person in connection with the person ' s detention under the order; and


(h) the person ' s entitlement under section 105.37 to contact a lawyer; and


(i) the name and work telephone number of the senior AFP member who has been nominated under subsection 105.19(5) to oversee the exercise of powers under, and the performance of obligations in relation to, the order.

Note:

Paragraph (g) - see section 105.51 .

(2A)  
Without limiting paragraph (2)(c), the police officer detaining the person under the order must inform the person under that paragraph about the persons that he or she may contact under section 105.35 or 105.39 .

(3)  
Paragraph (2)(c) does not require the police officer to inform the person being detained of:


(a) the fact that a prohibited contact order has been made in relation to the person ' s detention; or


(b) the name of a person specified in a prohibited contact order that has been made in relation to the person ' s detention.




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