South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 31

31—Compliance with obligations to inform

        (1)         Section 29(1) or section 30 does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with the relevant provision (but in legal proceedings the burden of adducing or pointing to evidence that suggests a reasonable possibility that the relevant provision did not apply for that reason lies on the police officer).

        (2)         The police officer detaining the person under the preventative detention order complies with section 29(1) if the police officer informs the person in substance of the matters covered by section 29(2) (even if this is not done in language of a precise or technical nature).

        (3)         The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 29(1) or section 30 if the police officer has reasonable grounds to believe that the person is unable to communicate with reasonable fluency in the English language.

        (4)         Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.

        (5)         The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 29(1), section 30 or subsection (3) of this section.



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