TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 32
TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 32
32—Copy of preventative detention order
(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 give the person a copy of the order.
(3) As soon as
practicable after a preventative detention order is extended, or further
extended, under section 12, the police officer who is detaining the
person under the preventative detention order must give the person a copy of
the extension or further extension.
(4) A person who is
being detained under a preventative detention order may request a police
officer who is detaining the person to arrange for a copy of—
(a) the
order; or
(c) any
extension or further extension of the order under section 12,
to be given to a lawyer acting for the person in relation to the order.
Notes—
1 Section 37 deals with the person's right to
contact a lawyer and the obligation of the police officer detaining the person
to give the person assistance to choose a lawyer.
2 Section 40 prevents the person from
contacting a lawyer who is specified in a prohibited contact order.
(5) The police officer
must make arrangements for a copy of the order or the extension or further
extension, 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 or the extension or further
extension, 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 to
see, a document other than the order or the extension or further extension.
(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 a preventative detention order; or
(b) a
lawyer acting for the person,
a copy of the preventative detention 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.
(10) The lawfulness of
a person’s detention under a preventative detention order is not
affected by a failure to comply with subsection (1), (3), (5) or (9).