Terrorism (Preventative Detention) Act 2005

Section 26(1) or section 27 does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that section.

The police officer detaining the person under the preventative detention order complies with section 26(1) if the police officer informs the person in substance of the matters covered by section 26(2) (even if this is not done in language of a precise or technical nature).

The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 26(1) or section 27 if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a physical disability, to communicate with reasonable fluency in that language.

Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.

The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 26(1) or section 27 or subsection (3) of this section.