Terrorism (Community Protection) Act 2003

The contact the person being detained has with another person under section 13ZD or (unless the Supreme Court has otherwise directed under section 13F(6)) 13ZF may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.

The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.

Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer.

If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the person must—

arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and

if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.

The following are not admissible in evidence against the person who is being, or has been, detained under a preventative detention order in any proceedings in a court or tribunal—

any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d);

any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d).

The contact the person being detained has with a lawyer under section 13ZF must not be monitored in accordance with this section if the preventative detention order so provides under section 13F(6).

This section does not apply to any contact the person being detained has with a lawyer under section 13ZF for the purpose of any communication under section 33(1)(b) or (2)(b).