Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AZW

Police assistance in choosing a lawyer in certain cases

    (1)     If—

        (a)     the person being detained under this Part (or, if the person is a child or is incapable of managing their affairs, a person with whom the person has contact under section 13AZZ) asks to be allowed to contact a particular lawyer under section 13AZV(2); and

        (b)     either—

              (i)     the person is not entitled to contact that lawyer because of section 13AZH or 13AZZB; or

              (ii)     the person is not able to contact that lawyer

the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under section 13AZV(2).

Note

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

    (2)     If the police officer who is detaining a person under this Part has reasonable grounds to believe that—

        (a)     the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and

        (b)     the person may have difficulties in choosing or contacting a lawyer because of that inability—

the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under section 13AZV(2).

    (3)     In recommending lawyers as part of giving a person assistance under subsection (1) or (2), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.

    (4)     Despite subsection (3) but subject to section 13AZZB, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (3).

S. 13AZX inserted by No. 32/2018 s. 9.



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