• Specific Year
    Any

TERRORISM (EMERGENCY POWERS) ACT 2003 - SECT 21ZD Effect of preventative detention order to be explained to person detained

TERRORISM (EMERGENCY POWERS) ACT 2003 - SECT 21ZD

Effect of preventative detention order to be explained to person detained

    (1)     As soon as practicable after a person is first taken into custody under a 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 the preventative detention 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 requirement for there to be a review of the order by the Supreme Court and the fact that the person will have an opportunity to be heard on the review; and

        (d)     the people the person is entitled to contact under sections 21ZI and 21ZL and the restrictions that apply to that contact; and

        (e)     any right the person has to complain to the Ombudsman or officer in charge of the Ethical and Professional Standards Command in relation to:

            (i)     the exercise of powers under, and the performance of duties in relation to, the preventative detention order; and

            (ii)     without limiting subparagraph (i), compliance with section 21T in relation to the preventative detention order; and

            (iii)     the person's treatment in relation to the person's detention under the preventative detention order; and

        (f)     the fact that the person may seek from a court a remedy relating to the order, a prohibition contact order or the treatment of the person in relation to the person's detention under the order; and

        (g)     the person's entitlement under section 21ZK to contact a lawyer; and

        (h)     the name and work telephone number of the nominated police officer to oversee the exercise of functions under the order.