Queensland Numbered Acts Queensland Numbered Acts(1) As soon as practicable after a person is first taken into custody under a preventative detention order, the police officer who is detaining the person under the order must give the person--
(a) a copy of the order; and
(b) a summary of the grounds on which the order is made.
(2) Subsection (1)(b) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security.
(3) Despite section 37(2), a police officer does not need to have a copy of the order with him or her, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.
(4) If--
(a) person is being detained under an initial order; and
(b) a final order is made for the person;
the police officer who is detaining the person under the initial order, must, as soon as practicable, give the person--
(c) a copy of the final order; and
(d) a summary of the grounds on which the order is made.
(5) A person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of--
(a) the order; or
(b) the summary given to the person under subsection (1)(b) or (4)(d);
to be given to a lawyer acting for the person in relation to the order.
Notes--
1 Section 58 deals with the person's right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.
2 Section 63 prevents the person from contacting a lawyer who is stated in a prohibited contact order.
(6) The police officer must make arrangements for a copy of the order or the summary to be given to the lawyer as soon as practicable after the request is made.
(7) Without limiting subsection (6), the copy of the order or the summary may be faxed or emailed to the lawyer.
(8) To remove any doubt, it is declared that subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the order or the summary.
(9) Nothing in this section requires a copy of a prohibited contact order to be given to a person.
(10) The police officer who gives--
(a) the person being detained under a preventative detention order; or
(b) a lawyer acting for the person;
a copy of the 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.
(11) 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), (6) or (10).