Victorian Current Acts Victorian Current Acts(1) Subject to this Division, a police officer may question a person being detained under a preventative detention order in connection with—
(a) a terrorist act in relation to which the preventative detention order relating to the person was made; or
(b) any other terrorist act that—
(i) has occurred within 28 days before the day on which the preventative detention order relating to the person was made; or
(ii) the authorised police officer who applied for the preventative detention order has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made.
(2) Before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order that—
(a) the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and
(b) the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and
(c) if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and
(d) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter.
(3) In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order of the reasons for the making of the preventative detention order.
(4) The duration of any period of questioning of a person being detained under the preventative detention order must be—
(a) reasonable; and
(b) consistent with any questioning limitation condition.
(5) The person must also be given—
(a) a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and
(b) reasonable breaks during any period of questioning.
(6) This section does not prevent the questioning of a person being detained under the preventative detention order for the purposes of—
(a) ensuring the safety and wellbeing of the person; or
(b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.
S. 13ZNC inserted by No. 32/2018 s. 38.