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s 21ZD

Effect of preventative detention order to be explained to person detained

In force
Part 2BPreventative detention orders
Division 4Informing person detained about preventative detention orders

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.

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