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 105.32   Copy of preventative detention order  

(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 give the person a copy of the order.

(3)  
Despite subsection 105.19(2) , a police officer does not need to have a copy of the order with him or her, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.

(4)  
As soon as practicable after a continued preventative detention order is made in relation to a person in relation to whom an initial preventative detention order is in force, the police officer who is detaining the person under the initial preventative detention order, or the continued preventative detention order, must give the person a copy of the continued preventative detention order.

(5)  
As soon as practicable after a preventative detention order is extended, or further extended, under section 105.10 or 105.14 , the police officer who is detaining the person under the preventative detention order must give the person a copy of the extension or further extension.

(6)  
A person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of:


(a) the order; or


(c) any extension or further extension of the order under section 105.10 or 105.14 ;

to be given to a lawyer acting for the person in relation to the order.

Note 1:

Section 105.37 deals with the person ' s right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.

Note 2:

Section 105.40 prevents the person from contacting a lawyer who is specified in a prohibited contact order.

(7)  
The police officer must make arrangements for a copy of the order, or the extension or further extension, to be given to the lawyer as soon as practicable after the request is made.

(8)  
Without limiting subsection (7), the copy of the order, or the extension, may be faxed or emailed to the lawyer.

(9)  
To avoid doubt, subsection (7) does not entitle the lawyer to be given a copy of, or see, a document other than the order, or the extension or further extension.

(10)  
Nothing in this section requires a copy of a prohibited contact order to be given to a person.

(11)  
The police officer who gives:


(a) the person being detained under an initial preventative detention order; or


(b) a lawyer acting for the person;

a copy of the initial preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.

(12)  
The lawfulness of a person ' s detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (5), (7) or (11).




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