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 E - Treatment of person detained  

SECTION 105.38   Monitoring contact under section 105.35 or 105.37  

(1)  
The contact the person being detained has with another person under section 105.35 or 105.37 may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.

(2)  
The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.

(3)  
Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer.

(4)  
If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the person must:


(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and


(b) if it is reasonably practicable to do so - arrange for those services to be provided as soon as practicable.

(5)  


Any communication between:


(a) a person who is being detained under a preventative detention order; and


(b) a lawyer;

for a purpose referred to in paragraph 105.37(1)(a), (b), (c), (ca), (d) or (e) is not admissible in evidence against the person in any proceedings in a court.




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