TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZA
Compliance with obligation to inform
TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZA
Compliance with obligation to inform
26ZA Compliance with obligation to inform
(1) Sections 26Y (1) and 26Z (1)
do not apply if the actions of the person being detained under the
preventative detention order make it impracticable for the police officer to
comply with those sections.
(2) The police officer detaining the person under
the preventative detention order complies with section 26Y (1) or 26Z (1) if
the police officer informs the person in substance of the matters covered by
section 26Y (2) or 26Z (2) (even if this is not done in language of a precise
or technical nature).
(3) The police officer who is detaining the person
under the preventative detention order must arrange for the assistance of an
interpreter in complying with section 26Y (1) or 26Z (1) 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.
(3A) A police officer need not
arrange for an interpreter to be present in compliance with the requirement
under subsection (3) if the officer believes on reasonable grounds that the
difficulty of obtaining an interpreter makes compliance with the requirement
not reasonably practicable.
(4) Without limiting subsection (3), the
assistance of the interpreter may be provided by telephone.
(5) The
lawfulness of a person's detention under a preventative detention order is not
affected by a failure to comply with section 26Y (1) or 26Z (1) or subsection
(3) of this section.
