Australian Capital Territory Numbered Acts

TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 (NO. 21 OF 2006 ) - SECT 44

    (1)     As soon as possible after a person is first detained under a preventative detention order, the police officer detaining the person under the order must tell the person about the matters mentioned in subsection (2).

Note     A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see s 46 (6)).

    (2)     The police officer must tell the person about the following:

        (a)     if the preventative detention order is an interim order—the following:

              (i)     the fact that the Supreme Court has made a preventative detention order for the person's detention pending hearing and making a final decision on the application for a preventative detention order for the person;

              (ii)     the date and time fixed for the hearing of the application to be resumed;

              (iii)     the effect of the order;

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

        (c)     the person's rights to contact people while the person is detained under the order and how the rights may be exercised;

        (d)     without limiting paragraph (c), the person's rights under section 52 (Contact with lawyer etc) to contact a lawyer and, in particular, the person's right to contact the legal aid commission for assistance to choose a lawyer;

        (e)     the restrictions that apply to contacting people while the person is detained under the order;

        (f)     whether an application can be made for an extension, or further extension, of the period for which the order is to be in force for the person;

        (g)     the person's right to complain to the ombudsman in relation to—

              (i)     the application for the order; or

              (ii)     the person's treatment by anyone exercising authority under the order or implementing or enforcing it; or

              (iii)     the person's detention, or continued detention, under the order;

        (h)     the fact that the person may apply to the Supreme Court to set aside or amend the order or seek from the court any other remedy relating to the person's treatment by anyone exercising authority under the order or implementing or enforcing it;

              (i)     the name and work phone number of the senior police officer nominated under section 36 (Nominated senior police officer) to supervise the exercise of functions in relation to the order;

        (j)     the right of the person and the other people mentioned in section 36  (4) to make representations to the nominated senior police officer and the matters mentioned in section 36 (3) (d) about which the representations may be made.