New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26Z

26Z Effect of preventative detention order (other than interim order) to be explained to person detained

(1) As soon as practicable after a preventative detention order (other than an interim order) is made in relation to a person, the police officer who is detaining the person 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 the order has been made in relation to the person, and

(b) the period during which the person may be detained under the order, and

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

(d) any right the person has to complain to the Ombudsman and the Police Integrity Commission in relation to:

(i) the application for 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.