Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p67
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 67/268)
Character Range: 537430–540096

of the police officer detaining the person to give the person assistance to choose a lawyer.
Note 2: Section 105.40 prevents the person from contacting a lawyer who is specified in a prohibited contact order.
 (7) The police officer must make arrangements for a copy of the order, or the extension or further extension, to be given to the lawyer as soon as practicable after the request is made.
 (8) Without limiting subsection (7), the copy of the order, or the extension, may be faxed or emailed to the lawyer.
 (9) To avoid doubt, subsection (7) does not entitle the lawyer to be given a copy of, or see, a document other than the order, or the extension or further extension.
 (10) Nothing in this section requires a copy of a prohibited contact order to be given to a person.
 (11) The police officer who 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