Terrorism (Community Protection) Act 2003

Subject to this Division, a police officer may question a person being detained under this Part in connection with—

a terrorist act in relation to which the police detention decision relating to the person was made; or

any other terrorist act that—

has occurred within 28 days before the day on which the police detention decision relating to the person was made; or

the authorised police officer who made the police detention decision has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made.

Before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part that—

the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and

the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and

if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and

if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter.

In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part of the reasons for the making of the police detention decision.

The duration of any period of questioning of a person being detained under this Part must be reasonable.

The person must also be given—

a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and

reasonable breaks during any period of questioning.

This section does not prevent the questioning of a person being detained under this Part for the purposes of—

ensuring the safety and wellbeing of the person; or

allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.