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JUSTICE LEGISLATION AMENDMENT (TERRORISM) ACT 2018 (NO. 32 OF 2018) - SECT 25

Effect of preventative detention order to be explained to person detained

In section 13X(2) of the Terrorism (Community Protection) Act 2003

        (a)     after paragraph (c) insert

    "(ca)     the fact that the person's communication with persons referred to in section 13ZD, and with their lawyer, may be monitored under section 13ZG; and

        (cb)     the fact, if the Supreme Court has made the order subject to a questioning prohibition condition, that the person must not be questioned by a police officer under Division 5A while detained under the order but may be questioned under section 13ZK; and

        (cc)     the fact, if the Supreme Court has made the order not subject to a questioning prohibition condition, that the person—

              (i)     may be questioned by a police officer under Division 5A while detained under the order for a duration that is reasonable and that is consistent with any applicable questioning limitation condition; and

              (ii)     is entitled to breaks during questioning as specified in section 13ZNB(5)(a) and (b); and";

        (b)     in paragraph (e)(i), after "prohibited contact order" insert "or a counter-terrorism intelligence protection order";

        (c)     after paragraph (f)(ii) insert

    "(iia)     a counter-terrorism intelligence protection order; or";

        (d)     the Note at the foot or paragraph (f) is repealed ;

        (e)     after paragraph (g) insert

    "(ga)     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 13ZFA; and

        (gb)     the person's entitlement to an interpreter under section 13JA or 13ZNC; and

        (gc)     the person's entitlement to contact a consular office under section 13ZFB or 13ZND; and".



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