South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 38

38—Monitoring contact with family members etc or lawyer

        (1)         The contact the person being detained has with another person under section 35 or 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 section 37(1) is not admissible in evidence against the person in any proceedings in a court.



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