Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p70
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 70/268)
Character Range: 544509–547134

order; or
 (b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, proceedings in a federal court for a remedy relating to:
 (i) the preventative detention order; or
 (ii) the treatment of the person in connection with the person's detention under the order; or
 (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:
 (i) the application for, or the making of, the preventative detention order; or
 (ii) the treatment of the person by an AFP member in connection with the person's detention under the order; or
 (ca) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to:
 (i) the application for, or the making of, the preventative detention order; or
 (ii) the treatment of the person by an AFP member in connection with the person's detention under the order; or
 (d) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to an officer or authority of a State or Territory about the treatment of the person by a member of the police force of that State or Territory in connection with the person's detention under the order; or
 (e) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court that is to take place while the person is being detained under the order.
 (2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes:
 (a) being visited by the lawyer; and
 (b) communicating with the lawyer by telephone, fax or email.
 (3) If:
 (a) the person being detained asks to be allowed to contact a particular lawyer under subsection (1); and
 (b) either:
 (i) the person is not entitled to contact that lawyer because of section 105.40 (prohibited contact order); or
 (ii) the person is not able to contact that lawyer;
the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1).
 (3A) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that:
 (a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and
 (b) the person may have