New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZB

26ZB Copy of preventative detention order and summary of grounds

(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 give the person a copy of the order.

(2) Despite section 26Q (2), a police officer does not need to have a copy of the order with him or her, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.

(3) 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 under the order, must give the person a copy of the order.

(4) A person who is being detained under a preventative detention order may request a police officer who is detaining the person under the order to give a copy of the order to a lawyer acting for the person in relation to the order.

(5) The police officer must make arrangements for a copy of the order to be given to the lawyer as soon as practicable after the request is made.

(6) Without limiting subsection (5), the copy of the order may be faxed or emailed to the lawyer.

(7) To avoid doubt, subsection (5) does not entitle the lawyer to be given a copy of, or see, a document other than the order.

(8) Nothing in this section requires a copy of a prohibited contact order to be given to a person.

(9) The police officer who gives:

(a) the person being detained under an interim preventative detention order, or

(b) a lawyer acting for the person,

a copy of the interim order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order and the date and time fixed by the Supreme Court for the hearing and determination of the application for the continued detention of the person.

(10) The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with this section.