Terrorism (Preventative Detention) Act 2005

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; and

a summary of the grounds of the application on which the order was made (the summary); and

a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.

If the initial order is extended or further extended, the police officer detaining the person under the order must, as soon as practicable, give the person—

a copy of the order for the extension or further extension; and

a summary of the grounds of the application on which the extension or further extension was made (the summary).

Despite section 37(2), a police officer does not need to have a copy of the order, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.

If—

a person is being detained under an initial order; and

a final order is made for the person;

a copy of the final order; and

a summary of the grounds of the application on which the order was made (also the summary); and

a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.

If the final order is extended or further extended, the police officer who is detaining the person under the order must, as soon as practicable, give the person—

a copy of the order for the extension or further extension; and

a summary of the grounds of the application on which the extension or further extension was made (the summary); and

a copy of the reasons for the decision of the issuing authority in making the extension or further extension that were given to the applicant.

Subsections (1), (1A), (4) and (4A) do not require any information to be disclosed—

if the disclosure of the information is likely to prejudice national security; or

if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000, section 803.

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—

the order; or

the summary given to the person under subsection (1)(b) or (4)(d);

The police officer must make arrangements for a copy of the order or the summary to be given to the lawyer as soon as practicable after the request is made.

Without limiting subsection (6), the copy of the order or the summary may be faxed or emailed to the lawyer.

To remove any doubt, it is declared that subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the order or the summary.

Nothing in this section requires a copy of a prohibited contact order to be given to a person.

The police officer who gives—

the person being detained under a preventative detention order; or

a lawyer acting for the person;

The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (5), (6) or (10).