Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p43
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 43/58)
Character Range: 131333–134054

gives:
 (a) the person being detained under an initial preventative detention order; or
 (b) a lawyer acting for the person;
a copy of the initial 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 under the order.

 (12) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (5), (7) or (11).

Subdivision E—Treatment of person detained

105.33  Humane treatment of person being detained

  A person being taken into custody, or being detained, under a preventative detention order:
 (a) must be treated with humanity and with respect for human dignity; and
 (b) must not be subjected to cruel, inhuman or degrading treatment;
by anyone exercising authority under the order or implementing or enforcing the order.

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

105.33A  Detention of persons under 18

 (1) Subject to subsection (2), the police officer detaining a person who is under 18 years of age under a preventative detention order must ensure that the person is not detained together with persons who are 18 years of age or older.

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

 (2) Subsection (1) does not apply if a senior AFP member approves the person being detained together with persons who are 18 years of age or older.

 (3) The senior AFP member may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval.

 (4) An approval under subsection (2) must:
 (a) be given in writing; and
 (b) set out the exceptional circumstances that justify the giving of the approval.

105.34  Restriction on contact with other people

  Except as provided by sections 105.35, 105.36, 105.37 and 105.39, while a person is being detained under a preventative detention order, the person:
 (a) is not entitled to contact another person; and
 (b) may be prevented from contacting another person.

Note 1: This section 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 person's entitlement to contact other people under sections 105.35, 105.37 and 105.39 may be subject to a prohibited contact order made under section 105.15 or 105.16 (see section 105.40).

105.35  Contacting family members etc.

 (1) The person being detained is entitled to contact:
 (a) one of his or her family members; and
 (b) if he or she:
 (i) lives with another person and that other person is not a family