New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26Y

26Y Effect of interim preventative detention order to be explained to person detained

(1) As soon as practicable after a person is first taken into custody under an interim preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).

Maximum penalty: Imprisonment for 2 years.

(2) The matters covered by this subsection are:

(a) the fact that an interim preventative detention order has been made authorising the person’s detention pending the hearing and determination of the application for the person’s continued preventative detention, and

(b) the date and time fixed by the Supreme Court for the hearing and determination of that application, and

(c) the people that the person is entitled to contact under sections 26ZE and 26ZH and the restrictions that apply to any such contact, and

(d) any right the person has to complain to the Ombudsman in relation to:

(i) the application for, or the making of, the order, or

(ii) the treatment of the person by a police officer in connection with the person’s detention under the order, and

(e) the fact that the person may ask the Supreme Court to revoke the order or seek from a court any other remedy relating to:

(i) the order, or

(ii) the treatment of the person in connection with the person’s detention under the order, and

(f) the person’s entitlement under section 26ZG to contact a lawyer, and

(g) the name and work telephone number of the senior police officer who has been nominated under section 26R to oversee the exercise of functions under the order.

(3) Subsection (2) (c) does not require the police officer to inform the person being detained of:

(a) the fact that a prohibited contact order has been made in relation to the person’s detention, or

(b) the name of a person specified in a prohibited contact order that has been made in relation to the person’s detention.