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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AW

Effect of police detention decision to be explained to person detained

    (1)     As soon as practicable after a person is first detained under section 13AH, the police officer who is detaining the person must inform the person of the matters covered by subsection (2).

Notes

1     A contravention of this subsection may be an offence under section 13AZZX.

2     A contravention of this section does not affect the lawfulness of the person's detention under this Part (see  section 13AX(5)).

    (2)     The matters covered by this subsection are—

        (a)     the fact that a police detention decision has been made in relation to the person; and

        (b)     the reasons for the making of the police detention decision; and

        (c)     the maximum period for which the person may be detained under this Part; and

        (d)     the fact that an interim preventative detention order or preventative detention order may be applied for in relation to the person; and

        (e)     the maximum period for which the person may be detained under a preventative detention order; and

        (f)     the fact that the person may be questioned by a police officer while in detention under this Part and the person's entitlement to reasonable breaks during questioning; and

        (g)     the people that the person may contact while being detained under this Part; and

        (h)     any restrictions that may apply to the people that the person may contact while the person is being detained under this Part; and

              (i)     the fact that the person's communication with persons referred to in section 13AZQ, and with their lawyer, may be monitored under section 13AZX or 13AZY;

        (j)     the person's entitlement under section 13AZZL to make representations to the nominated senior police officer in relation to—

              (i)     the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or

Example

Powers and obligations of police officers under Division 9.

              (ii)     the treatment of the person while in detention under this Part; and

        (k)     any right the person has to complain to the Ombudsman under the Ombudsman Act   1973 or the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 in relation to—

              (i)     the making of the police detention decision in relation to the person; or

              (ii)     the treatment of the person while in detention under this Part; and

        (l)     the fact that the person may seek from a court a remedy relating to—

              (i)     the police detention decision; or

              (ii)     the treatment of the person while in detention under this Part; and

        (m)     in the case of a child being detained under this Part, the child's entitlement to contact the Commission for Children and Young People under section 13AZS; and

        (n)     the person's entitlement to contact a lawyer under section 13AZV; and

        (o)     the person's entitlement to contact a consular office under section 13AZE or 13AZT; and

        (p)     the person's entitlement to an interpreter under section 13AZB or 13AZD; and

        (q)     the name and work telephone number of the nominated senior police officer referred to in paragraph (j).

S. 13AX inserted by No. 32/2018 s. 9.



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