Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

 View history note

 Hide history note

History

Div 105 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

Subdivision E - Treatment of person detained  

 View history note

 Hide history note

History

Subdiv E inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provision, see note under definition of " advocate " in s 102.1.

SECTION 105.36   Contacting Ombudsman etc.  

(1)    

View history reference

The person being detained is entitled to contact:

(a) the Commonwealth Ombudsman in accordance with subsections 7(3) to (5) of the Ombudsman Act 1976 ; or

(b) a person referred to in subsection 40SA(1) of the Australian Federal Police Act 1979 in accordance with section 40SB of that Act.

Note 1:

Subsections 7(3) to (5) of the Ombudsman Act 1976 provide for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.

Note 2:

Section 40SB of the Australian Federal Police Act 1979 provides for the manner in which a person who is in custody may give information under section 40SA of that Act.

 View history note

 Hide history note

History

S 105.36(1) substituted by No 84 of 2006, s 3 and Sch 3 item 39, effective 30 December 2006. S 105.36(1) formerly read:

(1)
The person being detained is entitled to contact the Commonwealth Ombudsman in accordance with the Complaints (Australian Federal Police) Act 1981 .

Note:

Section 22 of the Complaints (Australian Federal Police) Act 1981 provides for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.

(2)    
If the person being detained has the right, under a law of a State or Territory, to complain to an officer or authority of the State or Territory about the treatment of the person by a member of the police force of that State or Territory in connection with the person ' s detention under the order, the person is entitled to contact that officer or authority to make a complaint in accordance with that law.

 View history note

 Hide history note

History

S 105.36 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provision, see note under definition of " advocate " in s 102.1.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.