Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p77
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 77/268)
Character Range: 561961–564648

to in subparagraph (a)(i), (ii), (iii) or (iv) is being detained under the order.
Penalty: Imprisonment for 5 years.

Police officer or interpreter monitoring contact with lawyer
 (7) A person (the monitor) commits an offence if:
 (a) the monitor is:
 (i) a police officer who monitors; or
 (ii) an interpreter who assists in monitoring;
  contact that a person being detained under a preventative detention order (the detainee) has with a lawyer under section 105.37 while the detainee is being detained under the order; and
 (b) information is communicated in the course of that contact; and
 (c) the information is communicated for one of the purposes referred to in subsection 105.37(1); and
 (d) the monitor discloses that information to another person.
Penalty: Imprisonment for 5 years.
Note: See also subsection 105.38(5).

105.42  Questioning of person prohibited while person is detained
 (1) A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of:
 (a) determining whether the person is the person specified in the order; or
 (b) ensuring the safety and well‑being of the person being detained; or
 (c) allowing the police officer to comply with a requirement of this Division in relation to the person's detention under the order.
Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
 (2) An ASIO employee or an ASIO affiliate must not question a person while the person is being detained under a preventative detention order.
Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
 (3) An AFP member, or an ASIO employee or an ASIO affiliate, must not question a person while the person is being detained under an order made under a corresponding State preventative detention law.
Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
 (4) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that:
 (a) a video recording is made of