Copy of preventative detention order
13ZA Copy of preventative detention order
S. 13ZA inserted by No. 5/2006 s. 4.
S. 13ZA(1) amended by No. 37/2014 s. 10(Sch. item 167.23(a)).
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 any prohibited contact order is made.
Note
A contravention of this subsection may be an offence under section 13ZN.
S. 13ZA(2) substituted by No. 32/2018 s. 26(1).
To avoid doubt, subsection (1)(b) does not require counter-terrorism intelligence to be included in the summary.
S. 13ZA(3) amended by No. 37/2014 s. 10(Sch. item 167.23(b)).
Despite section 13P(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 the order to the person being taken into custody when the police officer takes the person into custody.
S. 13ZA(4) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
As soon as practicable after a preventative detention order is extended, or further extended, under section 13I, the police officer who is detaining the person under the preventative detention order must give the person a copy of the order under section 13I(6).
Note
A contravention of this subsection may be an offence under section 13ZN.
S. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
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
any summary given to the person under subsection (1)(b); or
any order under section 13I(6)—
to be given to a lawyer acting for the person in relation to the order.
Notes to s. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
Notes
1 Section 13ZF deals with the person's right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.
2 Section 13ZI prevents the person from contacting a lawyer who is specified in a prohibited contact order.
S. 13ZA(6) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
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.
Note
A contravention of this subsection may be an offence under section 13ZN.
S. 13ZA(7) amended by No. 32/2018 s. 26(2).
Without limiting subsection (6), the copy of an order or the summary may be sent to the lawyer by electronic communication.
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, any summary given under subsection (1)(b) or any order under section 13I(6).
S. 13ZA(9) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
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.
Note
A contravention of this subsection may be an offence under section 13ZN.
S. 13ZA(10) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).
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).
This Act’s bill:Second reading speech
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