Terrorism (Preventative Detention) Act 2005

As soon as practicable after a person is first taken into custody or detained 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 of any prohibited contact order in force in relation to his or her detention; and a summary of the grounds on which the preventative detention order or prohibited contact order is made.

To avoid doubt, subsection (1)(b) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth).

Despite section 18(2), a police officer does not need to have a copy of the preventative detention order with him or her, or to produce a copy of an order to the person being taken into custody when the police officer takes the person into custody.

As soon as practicable after a preventative detention order is extended, or further extended, under section 11, the police officer who is detaining the person under the preventative detention order must give the person a copy of the order made under section 11(6).

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 preventative detention order or of any prohibited contact order in force in relation to his or her detention; or the summary given to the person under subsection (1)(b); or any order under section 11(6) – to be given to a lawyer acting for the person in relation to the order.

The police officer must make arrangements for a copy of an 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 an order or the summary may be faxed or emailed to the lawyer.

To avoid doubt, subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order, the prohibited contact order, the summary or any order under section 11(6).

The police officer who gives – the person being detained under a preventative detention order; or a lawyer acting for the person – a copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody or detained under the order.

Subsection (1), (4), (6) or (9) 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 subsection.

The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (6) or (9).