sec.789HMatters relating to consent for service by electronic communication

### sec.789H Matters relating to consent for service by electronic communication For section 789G , a police officer must explain each of the following matters to the person— the purpose and effect of the prescribed document; if reasonably practicable in the circumstances, what related documents are included in the consent; the nature of the consent; that the person may refuse to give consent; that if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner; that if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of— 6 months after the day the consent is given; or if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained. The police officer may give the explanation to the person orally or in the approved form. If the police officer gives the explanation to the person orally, the explanation must be given in a language or in a way likely to be readily understood by the person. s 789H ins 2024 No. 45 s 85 (sec.789H-ssec.1) For section 789G , a police officer must explain each of the following matters to the person— the purpose and effect of the prescribed document; if reasonably practicable in the circumstances, what related documents are included in the consent; the nature of the consent; that the person may refuse to give consent; that if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner; that if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of— 6 months after the day the consent is given; or if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained. (sec.789H-ssec.2) The police officer may give the explanation to the person orally or in the approved form. (sec.789H-ssec.3) If the police officer gives the explanation to the person orally, the explanation must be given in a language or in a way likely to be readily understood by the person. - (a) the purpose and effect of the prescribed document; - (b) if reasonably practicable in the circumstances, what related documents are included in the consent; - (c) the nature of the consent; - (d) that the person may refuse to give consent; - (e) that if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner; - (f) that if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of— (i) 6 months after the day the consent is given; or (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained. - (i) 6 months after the day the consent is given; or - (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or - (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained. - (i) 6 months after the day the consent is given; or - (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or - (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.