Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p41
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 41/58)
Character Range: 126338–129201

detaining the person under the order must inform the person under that paragraph about the persons that he or she may contact under section 105.35 or 105.39.

 (3) Paragraph (2)(c) does not require the police officer to inform the person being detained of:
 (a) the fact that a prohibited contact order has been made in relation to the person's detention; or
 (b) the name of a person specified in a prohibited contact order that has been made in relation to the person's detention.

105.30  Person being detained to be informed of extension of preventative detention order

  If a preventative detention order is extended, or further extended, under section 105.10 or 105.14, the police officer detaining the person under the order must inform the person of the extension, or further extension, as soon as practicable after the extension, or further extension, is made.

Note 1: A contravention of this subsection may be an offence under section 105.45.

Note 2: A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see subsection 105.31(5)).

105.31  Compliance with obligations to inform

 (1) Subsection 105.28(1) or 105.29(1) or section 105.30 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.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3)).

 (2) The police officer detaining the person under the preventative detention order complies with subsection 105.28(1) or 105.29(1) if the police officer informs the person in substance of the matters covered by subsection 105.28(2) or 105.29(2) (even if this is not done in language of a precise or technical nature).

 (3) The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with subsection 105.28(1) or 105.29(1) or section 105.30 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.

 (4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.

 (5) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection 105.28(1) or 105.29(1), section 105.30 or subsection (3) of this section.

105.32  Copy of preventative detention order

 (1) As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must give the person a copy of the order.

 (3) Despite subsection 105.19(2),