Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p73
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 73/268)
Character Range: 551800–554539

(5).
 (7) The contact that the person being detained has with another person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the preventative detention order.
 (8) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.
 (9) Without limiting subsection (8), the interpreter referred to in that subsection may be a police officer.
 (10) If the person being detained indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must:
 (a) 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
 (b) if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.

105.40  Entitlement to contact subject to prohibited contact order
  Sections 105.35, 105.37 and 105.39 have effect subject to any prohibited contact order made in relation to the person's detention.

105.41  Disclosure offences

Person being detained
 (1) A person (the subject) commits an offence if:
 (a) the subject is being detained under a preventative detention order; and
 (b) the subject discloses to another person:
 (i) the fact that a preventative detention order has been made in relation to the subject; or
 (ii) the fact that the subject is being detained; or
 (iii) the period for which the subject is being detained; and
 (c) the disclosure occurs while the subject is being detained under the order; and
 (d) the disclosure is not one that the subject is entitled to make under section 105.36, 105.37 or 105.39.
Penalty: Imprisonment for 5 years.

Lawyer
 (2) A person (the lawyer) commits an offence if:
 (a) a person being detained under a preventative detention order (the detainee) contacts the lawyer under section 105.37; and
 (b) the lawyer discloses to another person:
 (i) the fact that a preventative detention order has been made in relation to the detainee; or
 (ii) the fact that the detainee is being detained; or
 (iii) the period for which the detainee is being detained; or
 (iv) any information that the detainee gives the lawyer in the course of the contact; and
 (c) the disclosure occurs while the detainee is being detained under the order; and
 (d) the disclosure is not made