13XEffect of preventative detention order to be explained to person detained

13X Effect of preventative detention order to be explained to person detained

S. 13X(1) amended by No. 37/2014 s. 10(Sch. item 167.21).

(1) As soon as practicable after a person is first detained 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).

1 A contravention of this subsection may be an offence under section 13ZN.

2 A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see section 13Z(5)).

(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 restrictions that apply to the people the person may contact while the person is being detained under the order; and

S. 13X(2)(ca) inserted by No. 32/2018 s. 25(a).

(ca) the fact that the person's communication with persons referred to in section 13ZD, and with their lawyer, may be monitored under section 13ZG; and

S. 13X(2)(cb) inserted by No. 32/2018 s. 25(a).

(cb) the fact, if the Supreme Court has made the order subject to a questioning prohibition condition, that the person must not be questioned by a police officer under Division 5A while detained under the order but may be questioned under section 13ZK; and

S. 13X(2)(cc) inserted by No. 32/2018 s. 25(a).

(cc) the fact, if the Supreme Court has made the order not subject to a questioning prohibition condition, that the person—

(i) may be questioned by a police officer under Division 5A while detained under the order for a duration that is reasonable and that is consistent with any applicable questioning limitation condition; and

(ii) is entitled to breaks during questioning as specified in section 13ZNB(5)(a) and (b); and

(d) the person's entitlement under section 13O(9) to make representations to the senior police officer nominated under section 13P(4) in relation to the order with a view to having the order, or a prohibited contact order, revoked or varied under section 13O; and

S. 13X(2)(e) amended by No. 82/2012 s. 167(6).

(e) any right the person has to complain to the Ombudsman under the Ombudsman Act 1973 or the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 in relation to—

S. 13X(2)(e)(i) amended by No. 32/2018 s. 25(b).