Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p68
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 68/268)
Character Range: 539849–542424

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 member of the person being detained; or
 (ii) lives with other people and those other people are not family members of the person being detained;
  that other person or one of those other people; and
 (c) if he or she is employed—his or her employer; and
 (d) if he or she employs people in a business—one of the people he or she employs in that business; and
 (e) if he or she engages in a business together with another person or other people—that other person or one of those other people; and
 (f) if the police officer detaining the person being detained agrees to the person contacting another person—that person;
by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.
 (2) To avoid doubt, the person being detained is not entitled, under subsection (1), to disclose:
 (a) the fact that a preventative detention order has been made in relation to the person; or
 (b) the fact that the person is being detained; or
 (c) the period for which the person is being detained.
 (3) In this section:
family member of a person (the first person) means:
 (a) the first person's spouse or de facto partner; or
 (b) a parent, step‑parent or grandparent of the first person; or
 (c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act