{"id":"a-2006-21","name":"Terrorism (Extraordinary Temporary Powers) Act 2006","slug":"terrorism-extraordinary-temporary-powers-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24455,"registerId":"act-a-2006-21-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"This Act is based on an agreement between the Commonwealth, State","content":"1 This Act is based on an agreement between the Commonwealth, State\nand Territory Governments adopted at the special meeting of the\nCouncil of Australian Governments (COAG) on counter-terrorism\nheld in Canberra on 27 September 2005.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"At the meeting, COAG considered the evolving security environment","content":"2 At the meeting, COAG considered the evolving security environment\nin the context of the terrorist attacks in London in July 2005 and\nagreed that there was a clear case for Australia’s counter-terrorism\nlaws to be strengthened.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Leaders agreed that any strengthened counter-terrorism laws must be","content":"3 Leaders agreed that any strengthened counter-terrorism laws must be\nnecessary, effective against terrorism, contain appropriate safeguards\nagainst abuse (such as parliamentary and judicial review), and be\nexercised in a way that is evidence-based, intelligence-led and\nproportionate.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"The Legislative Assembly wishes to enact legislation in accordance","content":"4 The Legislative Assembly wishes to enact legislation in accordance\nwith the COAG agreement in recognition of the clear need for laws\nto combat terrorism.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"The community needs to be protected from acts of terrorism. If law","content":"5 The community needs to be protected from acts of terrorism. If law\nenforcement agencies have evidence that a terrorist act is imminent\nor has happened, they need to be able to respond appropriately to\nprevent it or investigate and reduce its impact.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"The Legislative Assembly considers that extraordinary measures are","content":"6 The Legislative Assembly considers that extraordinary measures are\njustified in extreme circumstances where available evidence is\ninsufficient to enable suspected terrorists to be detained under\nexisting criminal law.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"The Legislative Assembly is committed to fully implementing United","content":"7 The Legislative Assembly is committed to fully implementing United\nNations resolutions relating to terrorism by adopting counter-\nterrorism measures that are consistent with international human rights\nobligations.\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"In particular, the Legislative Assembly is committed to taking","content":"8 In particular, the Legislative Assembly is committed to taking\nmeasures to protect our community against terrorist activity that\nrespect and promote the values reflected in, and the rights and\nfreedoms guaranteed by, the International Covenant on Civil and\nPolitical Rights.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"In enacting these extraordinary temporary measures, the Legislative","content":"9 In enacting these extraordinary temporary measures, the Legislative\nAssembly, therefore, considers that it is critical that Australia’s\nfundamental legal principles (such as the rule of law, respect for the\nlegal process, the separation of powers, and respect for human rights)\nbe preserved.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\nfollows:\n\n1 Name of Act\nThis Act is the Terrorism (Extraordinary Temporary Powers)\nAct 2006.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘serious harm—see the Criminal\nCode, dictionary.’ means that the term ‘serious harm’ is defined in that\ndictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Meaning of terrorist act\n(1) An act is a terrorist act if—\n(a) it does any of the following:\n(i) causes serious harm that is physical harm to a person;\n(ii) causes serious damage to property;\n(iii) causes a person’s death;\n(iv) endangers the life of someone other than the person doing\nthe act;\n(v) creates a serious risk to the health or safety of the public;\n(vi) seriously interferes with, seriously disrupts, or destroys, an\nelectronic system; and\n(b) it is done with the intention of advancing a political, religious or\nideological cause; and\n\n(c) it is done with the intention of—\n(i) coercing, or influencing by intimidation, the government\nof the Territory, the Commonwealth, a State, another\nTerritory or a foreign country, or of part of a State, another\nTerritory or foreign country; or\n(ii) intimidating the public.\n(2) However, an act is not a terrorist act if—\n(a) it is advocacy, protest, dissent or industrial action; and\n(b) it is not intended to do any of the following:\n(i) cause serious harm that is physical harm to a person;\n(ii) cause a person’s death;\n(iii) endanger the life of someone other than the person doing\nthe act;\n(iv) create a serious risk to the health or safety of the public.\n(3) A reference in this section to a person or property is a reference to a\nperson or property wherever situated, whether in or outside the ACT\n(including outside Australia).\n(4) In this section:\nelectronic system includes any of the following electronic systems:\n(a) an information system;\n(b) a telecommunications system;\n(c) a financial system;\n(d) a system used for the delivery of essential government services;\n(e) a system used for, or by, an essential public utility;\n(f) a system used for, or by, a transport system.\n\nPreliminary Part 1\npublic includes the public (or any section of the public) of a State,\nanother Territory or a foreign country.\n7 Extraterritoriality of terrorist act no barrier\nTo remove any doubt, the functions under this Act in relation to a\nterrorist act may be exercised whether the terrorist act has been, is\nbeing, or is likely to be carried out, in or outside the ACT (including\noutside Australia).\n\nDivision 2.1 Preventative detention orders—preliminary\nDivision 2.1 Preventative detention orders—\npreliminary\n8 Purpose—pt 2\nThe purpose of this part is to allow a person to be taken into custody\nand detained for up to 14 days as a measure of last resort—\n(a) to prevent a terrorist act that is imminent and is, in any event,\nexpected to happen some time within the next 14 days; or\n(b) to preserve evidence of, or relating to, a terrorist act that\nhappened within the last 28 days.\nNote Section 58 (Questioning of detained person prohibited) provides that,\nwhile a person is detained under a preventative detention order, the\nperson may only be questioned for very limited purposes.\n9 Definitions—pt 2\nIn this part:\ncorresponding preventative detention law means—\n(a) the Commonwealth Criminal Code, division 105 (Preventative\ndetention orders); or\n(b) a law of a State or another Territory that provides for\npreventative detention of people in relation to terrorist acts,\nincluding any law of a State or another Territory that is declared\nby regulation to be a corresponding preventative detention law.\ncorresponding preventative detention order means an order\n(however described) for a person’s detention under a corresponding\npreventative detention law.\n\nPreventative detention orders—preliminary Division 2.1\nidentification material, for a person, means—\n(a) prints of the person’s hands, fingers, feet or toes; or\n(b) recordings of the person’s voice; or\n(c) samples of the person’s handwriting; or\n(d) photographs (including video recordings) of the person.\ninterim preventative detention order (or interim order) means an\ninterim preventative detention order made under section 20.\npart 2 application—each of the following is a part 2 application:\n(a) an application for a preventative detention order for a person;\n(b) an application to extend, or further extend, the period for which\na preventative detention order (including an interim order) is to\nbe in force for a person;\n(c) an application to reinstate a preventative detention order;\n(d) an application to set aside or amend a preventative detention\norder (including an interim order) made for a person;\n(e) an application for a prohibited contact order, or to set aside a\nprohibited contact order, made in relation to a person’s detention\nunder a preventative detention order.\npreventative detention order means a preventative detention order\nmade under section 18, and includes—\n(a) the order as extended, or further extended under division 2.4;\nand\n(b) an interim order.\nprohibited contact order means an order made under section 32.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Police officer with functions under preventative detention","content":"10 Police officer with functions under preventative detention\norders\nIf—\n(a) 2 or more police officers are detaining, or involved in the\ndetention of, a person under a detention order at a particular\ntime; and\n(b) a function (other than a power) is expressed in this part to be\nimposed on the police officer detaining the person;\nthe function is imposed at that time on the most senior of the police\nofficers.\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Preventative detention orders—","content":"Division 2.2 Preventative detention orders—\ngeneral provisions\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"No preventative detention orders for children","content":"11 No preventative detention orders for children\n(1) A preventative detention order cannot be applied for, or made, for a\nchild.\nNote 1 Child means an individual who is under 18 years old (see Legislation Act,\ndict, pt 1).\nNote 2 An application for a preventative detention order for a person must\ninclude the following (see s 17 (1) (g), (h) and (m)):\n• a statement about the information the applicant has about the\nperson’s age\n• the inquiries the applicant has made about the person’s age\n• a statement that the applicant is satisfied that the person for whom\nthe order is sought is not a child.\n(2) If a person is being detained under a preventative detention order, and\nthe police officer detaining the person suspects, or has any grounds to\nsuspect, that the person may be a child—\n(a) the police officer must immediately make reasonable inquiries\nabout the person’s age; and\n\n(b) if, after making the inquiries, the police officer believes on\nreasonable grounds that the person is a child, the police officer\nmust release the person from detention under the order as soon\nas practicable and, unless there is some other basis for detaining\nthe child—\n(i) arrange for the child to be escorted by a police officer to\nthe child’s home; or\n(ii) arrange for a person with parental responsibility for the\nchild to collect the child from the place where the child is\ndetained; or\n(iii) release the child.\n(3) If a police officer releases a child under subsection (2) (b) (iii), the\npolice officer must tell the CYP director-general about the release as\nsoon as practicable after the release.\n(4) A police officer commits an offence if the police officer fails to\ncomply with subsection (2) (a) or (b).\nCYP director-general means the director-general responsible for the\nChildren and Young People Act 2008.\nperson with parental responsibility, for a child—means a person who\nhas parental responsibility for the child under the Children and Young\nPeople Act 2008, division 1.3.2.\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Restrictions on multiple preventative detention orders","content":"12 Restrictions on multiple preventative detention orders\n(1) If—\ndetention order, is made for a person on the basis of assisting in\npreventing a terrorist act happening within a particular period;\nand\nthis Act for the person on the basis of assisting in preventing the same\nterrorist act happening within that period.\nNote It will be possible to apply for, and make, another preventative detention\norder for the person on the basis of preserving evidence of, or relating to,\nthe terrorist act if it happens.\n(2) If—\ndetention order, is made for a person on the basis of assisting in\npreventing a terrorist act happening within a particular period;\nand\nthis Act for the person on the basis of assisting in preventing a\ndifferent terrorist act happening within that period unless the\napplication, or the order, is based on information that became\navailable only after the order mentioned in paragraph (a) was made.\n(3) If—\ndetention order, is made for a person on the basis of preserving\nevidence of, or relating to, a terrorist act; and\n\nthis Act for the person on the basis of preserving evidence of, or\nrelating to, the same terrorist act.\n(4) If—\n(a) a preventative detention order is made for a person on the basis\nof particular information; and\nthis Act for the person solely on the basis of the same information.\n(5) Subsections (1) to (4) do not apply to—\n(a) the making of a preventative detention order for a person for a\nterrorist act while the person is detained under an interim\npreventative detention order or corresponding preventative\ndetention order for the same terrorist act; or\n(b) an order extending, or further extending, a preventative\ndetention order; or\n(c) an order reinstating a preventative detention order.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Rights in relation to hearing of part 2 applications","content":"13 Rights in relation to hearing of part 2 applications\n(1) This section applies to a part 2 application other than an application\nto which section 20 (Making interim preventative detention order)\napplies.\nNote Part 2 application is defined in s 9.\n(2) The person is entitled—\n(a) to be served with a copy of the application; and\n\n(b) to be given written notice of the place, date and time the\napplication is to be heard.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The person is entitled to be present at the hearing of an application to\nwhich this section applies in person or, if the Supreme Court directs,\nby videolink.\n(4) The person is entitled to be represented at the hearing by a lawyer of\nthe person’s choice.\n(5) To remove any doubt, subsection (4) does not entitle the person to\nrequire the legal aid commission to provide a particular lawyer for the\n(6) The person (or the person’s lawyer) is entitled to present evidence at\nthe hearing, call witnesses, examine and cross-examine witnesses,\nand make submissions.\n(7) This section—\n(a) is additional to any other rights of the person; but\n(b) is subject to the Supreme Court’s inherent jurisdiction to\nregulate its proceedings.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(8) To remove any doubt, the Supreme Court may hear the application in\nthe absence of the person (or the person’s lawyer) if satisfied that the\nperson was properly notified of the hearing.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of PIM for applications etc","content":"14 Appointment of PIM for applications etc\n(1) This section applies to a part 2 application.\n(2) The applicant must give the legal aid commission—\n\n(b) written notice of the place, date and time the application is to be\nheard.\n(3) On receiving a copy of the application under subsection (2), the legal\naid commission must appoint a person from the public interest\nmonitor panel under section 62 to be the public interest monitor\n(PIM) for the application.\n(4) The PIM is entitled to be present at the hearing of the application, to\nask questions of anyone giving evidence to the court and to make any\nsubmissions to the court.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Notifying public advocate about applications etc","content":"15 Notifying public advocate about applications etc\n(1) This section applies to a part 2 application.\n(2) If the application relates to a preventative detention order proposed to\nbe made or made for a person with impaired decision-making ability,\nthe applicant must give the public advocate—\n(b) written notice of the place, date and time the application is to be\nheard.\n(3) The public advocate is entitled to be present at the hearing of the\napplication, to ask questions of anyone giving evidence to the court\nand to make any submissions to the court.\n\nDivision 2.3 Preventative detention orders—\napplications for and making\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Applying for preventative detention order","content":"16 Applying for preventative detention order\n(1) A senior police officer may apply to the Supreme Court for a\npreventative detention order for a person.\n(2) The senior police officer may make the application only if—\n(a) subsection (3) or (5) applies; and\n(b) the making of the application has been approved, in writing, by\nthe chief police officer.\n(3) Subject to subsection (4), this subsection applies if the senior police\nofficer—\n(a) suspects, on reasonable grounds, that the person—\n(i) intends, and has the capacity, to carry out a terrorist act; or\n(ii) possesses something connected with the preparation for, or\ncarrying out of, a terrorist act; or\n(iii) has done an act in preparation for, or planning, a terrorist\n(b) is satisfied, on reasonable grounds—\n(i) that it is reasonably necessary to detain the person to\nprevent a terrorist act; and\n(ii) that detaining the person under the order is the least\nrestrictive way of preventing the terrorist act mentioned in\nsubparagraph (i); and\n(iii) that detaining the person for the period for which the\nperson is to be detained under the order is reasonably\nnecessary to prevent the terrorist act.\n\n(4) For subsection (3), the terrorist act must be imminent and, in any\nevent, be expected to happen some time within the next 14 days.\n(5) This subsection applies if the senior police officer is satisfied, on\nreasonable grounds—\n(a) that a terrorist act has happened within the last 28 days; and\n(b) that it is reasonably necessary to detain the person to preserve\nevidence in the ACT or elsewhere of, or relating to, the terrorist\n(c) that detaining the person under the order is the only effective\nway of preserving the evidence mentioned in paragraph (b); and\nto be detained under the order is reasonably necessary to\npreserve the evidence.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Application for preventative detention order—contents","content":"17 Application for preventative detention order—contents\netc\n(1) An application under section 16 by a senior police officer for a\npreventative detention order for a person must—\n(b) state the following particulars about the person for whom the\norder is sought:\n(i) the person’s full name;\n(ii) the address of the place where the person is living;\n(iii) the address of the place where the person usually lives; and\n(c) state whether an interim order is applied for and, if it is applied\nfor—\n(i) state that the person is not in custody, or being detained,\nunder a territory law or a law of the Commonwealth, a State\nor another Territory; and\n\n(ii) state that the person has not been detained under a\ncorresponding preventative detention order for the same\nterrorist act; and\n(iii) set out the facts and other grounds on which the officer\nconsiders that an interim order should be made for the\nperson; and\n(d) set out the facts and other grounds on which the officer considers\na preventative detention order should be made for the person;\nand\n(e) state the period for which the person is to be detained under a\npreventative detention order and set out the facts and other\ngrounds on which the officer considers that the person should be\ndetained for that period; and\n(f) state that the officer does not suspect that any of the facts and\nother grounds relied on in making the application are based on\ninformation obtained, directly or indirectly, from torture; and\nNote Torture is defined in s 96 (3).\n(g) set out the information that the officer has about the person’s age\nand decision-making ability; and\n(h) state that the officer is satisfied that the person is not a child; and\nNote Child means an individual who is under 18 years old (see\nLegislation Act, dict, pt 1).\n(i) state whether the officer suspects, or has any grounds to suspect,\nthat the person has impaired decision-making ability; and\n(j) set out the following:\n(i) particulars of all preventative detention orders previously\nmade for the person;\n(ii) particulars of all periods for which the person has been\ndetained under a preventative detention order;\n\n(iii) the outcomes and particulars of all applications previously\nmade and proceedings previously taken by or in relation to\nthe person under this part; and\n(k) set out the following (to the extent that the officer has the\ninformation):\n(i) particulars of all corresponding preventative detention\norders previously made for the person;\n(ii) particulars of all periods for which the person has been\ndetained under corresponding preventative detention\norders;\n(iii) the outcomes and particulars of all applications (however\ndescribed) previously made, and all proceedings\npreviously taken, by or in relation to the person under\ncorresponding preventative detention laws;\n(iv) particulars of all orders previously made for the person\nunder the Commonwealth Criminal Code, division 104\n(Control orders);\n(v) the outcomes and particulars of all requests and\napplications (however described) previously made, and all\nproceedings previously taken, by or in relation to the\nperson under the Commonwealth Criminal Code,\ndivision 104;\n(vi) particulars of all periods for which the person has been\ndetained under the Australian Security Intelligence\nOrganisation Act 1979 (Cwlth), part 3, division 3 (Special\npowers relating to terrorism offences) within the last\n3 months; and\nNote Disclosure of this information is not required if the\ndisclosure would be an offence against that Act (see s (6)).\n\n(l) set out—\n(i) the information (if any) the officer has about any child or\nperson with impaired decision-making ability the person\nlives with or is responsible for; and\n(ii) if the officer has information that the person lives with, or\nis responsible for, a child or person with impaired decision-\nmaking ability—the provisions that are proposed for the\norder, or the arrangements otherwise proposed, to protect\nthe interests of the child or person; and\n(m) set out the inquiries the officer has made about the matters\nmentioned in paragraphs (f), (g), (k) and (l).\n(2) If the person has impaired decision-making ability, the application\nmust state—\n(a) whether the person may be contacted under section 54 (Person\nadvocate) within 24 hours after being detained under the order;\nand\n(b) if the person should not be contacted under section 54 within\n24 hours after being detained under the order because the\ncontact would significantly increase the risk of a terrorist act\nhappening or seriously undermine the effectiveness of the\n(i) the grounds for preventing the contact; and\n(ii) the period as soon as possible after the end of the 24-hour\nperiod when the person must be contacted under that\n\n(3) If—\ndetention order, has been made for the person on the basis of\nassisting in preventing a terrorist act happening within a\nparticular period; and\n(b) the person was detained under the order; and\n(c) the application is made on the basis of assisting in preventing a\ndifferent terrorist act happening within that period;\nthe application must specifically identify the information on which\nthe application is based that became available only after the order\nmentioned in paragraph (a) was made.\nNote See s 12 (2) (Restrictions on multiple preventative detention orders).\n(4) If—\n(a) a preventative detention order has been made for the person on\nthe basis of particular information; and\n(b) the person was detained under the order;\nthe application must specifically identify the additional information\non the basis of which the application is made.\nNote See s 12 (4) (Restrictions on multiple preventative detention orders).\napplication, whether they are favourable or adverse to a decision to\n(6) However, the applicant is not required to disclose information\nmentioned in subsection (1) (k) (vi) if the disclosure would be an\noffence against the Australian Security Intelligence Organisation\nAct 1979 (Cwlth).\n\n(7) The information in the application must be sworn on oath by the\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Making preventative detention order","content":"18 Making preventative detention order\n(1) The Supreme Court may make a preventative detention order for a\nperson on application under section 16.\n(2) However, the Supreme Court must not make a preventative detention\norder (other than an interim order) for a person if the person has not\nbeen—\n(a) served with a copy of the application; and\n(b) given written notice of the place, date and time the application\nis to be heard.\nNote For the making of interim preventative detention orders see s 20.\n(3) Also, the Supreme Court may make a preventative detention order for\nthe person only if subsection (4) or (6) applies.\n(4) Subject to subsection (5), this subsection applies if the Supreme Court\nis satisfied, on reasonable grounds—\n(a) that the person—\n(i) intends, and has the capacity, to carry out a terrorist act; or\n(ii) possesses something connected with the preparation for, or\ncarrying out of, a terrorist act; or\n(iii) has done an act in preparation for, or planning, a terrorist\n(b) that it is reasonably necessary to detain the person to prevent a\nterrorist act; and\n\n(c) that detaining the person under the order is the least restrictive\nway of preventing the terrorist act mentioned in paragraph (b);\nand\nto be detained under the order is reasonably necessary to prevent\nthe terrorist act.\n(5) For subsection (4), the terrorist act must be imminent and, in any\nevent, be expected to happen some time within the next 14 days.\n(6) This subsection applies if the Supreme Court is satisfied, on\nreasonable grounds—\n(a) that a terrorist act has happened within the last 28 days; and\n(b) that it is reasonably necessary to detain the person to preserve\nevidence in the ACT or elsewhere of, or relating to, the terrorist\n(c) that detaining the person under the order is the only effective\nway of preserving the evidence mentioned in paragraph (b); and\nto be detained under the order is reasonably necessary to\npreserve the evidence.\n(7) If the person has impaired decision-making ability, the court must\nalso consider the following in deciding whether to make a\npreventative detention order for the person:\n(a) the nature and extent of the person’s impairment;\n(b) any other way it may be appropriate to deal with the person\nunder a territory law.\n(8) If the Supreme Court makes a preventative detention order (other than\nan interim order) for a person, the court must—\n(a) when making the order, give its reasons for making the order;\nand\n\n(b) ensure that reasonable steps are taken to explain to the person\n(and in language the person can readily understand) the effect of\nthe order.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Supreme Court may require further information—","content":"19 Supreme Court may require further information—\npreventative detention application\nthe application, the court may refuse to make a preventative detention\norder (including an interim order) on the application unless the\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Making interim preventative detention order","content":"20 Making interim preventative detention order\n(1) This section applies if—\n(a) an application for a preventative detention order for a person is\nmade to the Supreme Court under section 16 without the person\nbeing served with a copy of the application, or being given\nnotice of the place, date and time of the hearing; and\n(b) the application states that an interim order is applied for.\n(2) The Supreme Court may make an interim preventative detention\norder for the person pending hearing and making a final decision on\nthe application if satisfied, on reasonable grounds, that—\n(a) the person is not in custody, or being detained, under a territory\nlaw or a law of the Commonwealth, a State or another Territory;\nand\n(b) the person has not been detained under a corresponding\npreventative detention order for the same terrorist act; and\n\n(c) taking the person into custody, and detaining the person,\npending hearing and making a final decision on the application\nis reasonably necessary to—\n(i) prevent a terrorist act; or\n(ii) preserve evidence of, or relating to, a terrorist act.\n(3) To remove any doubt, the Supreme Court may make an interim order\nfor the person only if section 18 (4) or (6) also applies.\n(4) The interim order may be made in the absence of, and without notice\nto, the person (or any representative of the person).\n(5) If the Supreme Court makes an interim order for the person, the court\n(a) when making the interim order, give its reasons for making the\n(b) fix the date and time when the hearing of the application is to be\nresumed.\n(6) The date and time fixed must be no later than 24 hours after the\ninterim order is made.\n(7) As soon as possible after the person is detained under the interim\norder, the police officer detaining the person must give the person—\n(b) written notice of the place, date and time of the resumed hearing.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Preventative detention order—contents etc","content":"21 Preventative detention order—contents etc\n(1) A preventative detention order (including an interim order) for a\nperson is an order that the person may be taken into custody and\ndetained, or detained, during a period that—\n(a) starts when the order has effect under section 22 (1); and\n(b) ends at the time (the end time) stated in the order.\n\n(2) The end time for an interim order must be no later than 24 hours after\nthe person is first detained under the order.\n(3) The end time for any other preventative detention order must be—\n(a) no later than 7 days after the person is first detained under the\n(b) no later than 14 days after the person is first taken into custody\nand detained, or detained, under any preventative detention\norder, or corresponding preventative detention order, made on\nthe same basis for the same terrorist act.\n(4) The preventative detention order must be in writing.\n(5) The preventative detention order must state—\n(a) the person’s name; and\n(b) the address of the place where the person is living; and\n(c) the address of the place where the person usually lives; and\n(d) the date and time when the order is made; and\n(e) the period during which the person may be detained under the\norder.\n(6) If the person has impaired decision-making ability, the preventative\ndetention order may provide that the period each day for which the\nperson is entitled to have contact with a stated person under section 53\n(Special contact rules for people with impaired decision-making\nability) is the stated period of longer than 2 hours.\n(7) Also, if the person has impaired decision-making ability, the\npreventative detention order may state both of the following:\n(a) that the person may not be contacted under section 54 (Person\nadvocate) within 24 hours after being detained under the order;\n\n(b) that the person must be contacted under section 54 after the end\nof the 24-hour period within a period stated in the order.\n(8) However, if the person has impaired decision-making ability and the\npreventative detention order is an interim order, the order may state\nthat the person may not be contacted under section 54 while being\ndetained under the interim order.\n(9) The only basis for a decision under subsection (7) or (8) is that\npreventing the contact is necessary because the contact would\nsignificantly increase the risk of a terrorist act happening or seriously\nundermine the effectiveness of the preventative detention order.\n(10) The preventative detention order may state that the person may have\ncontact under section 50 (4) (Contact with family members etc) with\na stated person or stated people (including any child of the person)\nfor the period, and on the days, stated in the order.\n(11) A reference in subsection (3) to a number of days is a reference to the\nnumber of hours in that number of days.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Start and end of effect of preventative detention order","content":"22 Start and end of effect of preventative detention order\n(1) A preventative detention order (including an interim order) for a\nperson starts to have effect—\n(a) if the order states that it is to start when a stated interim order,\nor stated corresponding preventative detention order, then in\nforce for the person ceases to have effect—at that time; or\n(b) in any other case—when it is made.\n(2) A preventative detention order (including an interim order) for a\nperson ceases to have effect when whichever of the following first\nhappens:\n(a) the end of 48 hours after the order is made if the person has not\nbeen detained under the order;\n\n(b) the end of—\n(i) the period stated in the order as the period during which the\nperson may be detained under the order; or\n(ii) if the order is extended, or further extended, under\ndivision 2.4—the period as extended, or further extended;\n(c) the order lapses under section 42 (Release of person from\npreventative detention);\n(d) the order is set aside under division 2.6;\n(e) the order ceases to have effect under section 101 (2) (Expiry of\nAct etc).\nDivision 2.4 Preventative detention orders—\nextensions\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Supreme Court may extend interim order","content":"23 Supreme Court may extend interim order\n(1) This section applies if the Supreme Court makes an interim\npreventative detention order for a person.\n(2) The Supreme Court may, by order—\n(a) adjourn, or further adjourn, the resumed hearing of the\napplication for a preventative detention order for the person; and\n(b) extend, or further extend, the period for which the interim order\nis in force until the adjourned hearing.\n(3) The period as extended, or further extended, must be stated in the\norder and must end no later than 24 hours after the person is first\ndetained under the order.\n(4) Also, if the person has impaired decision-making ability, the\nextension, or further extension, may state that the person may not be\ncontacted under section 54 (Person with impaired decision-making\nability to be contacted by public advocate) while being further\ndetained under the interim order.\n\nPreventative detention orders—extensions Division 2.4\n(5) The only basis for a decision under subsection (4) is that preventing\nthe contact is necessary because the contact would significantly\nincrease the risk of a terrorist act happening or seriously undermine\nthe effectiveness of the interim order.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Application for extension of preventative detention order","content":"24 Application for extension of preventative detention order\n(1) If a preventative detention order (other than an interim order) is in\nforce for a person, a senior police officer may apply to the Supreme\nCourt for an extension, or further extension, of the period for which\nthe order is in force for the person.\n(2) The senior police officer may make the application only if the police\nofficer is satisfied, on reasonable grounds, that the extension, or\nfurther extension, is reasonably necessary for the purpose for which\nthe order was made.\n(3) The application must—\n(b) set out the facts and other grounds on which the police officer\nconsiders that the extension, or further extension, is reasonably\nnecessary for the purpose for which the order was made; and\n(c) set out the outcomes and particulars of all previous applications\nfor extensions, or further extensions, of the order.\n(4) Also, if the person has impaired decision-making ability, the\napplication must state—\n(a) whether the person may be contacted under section 54 (Person\nadvocate) within 24 hours after being further detained under the\n\n(b) if the person should not be contacted under section 54 within\n24 hours after being further detained under the order because the\ncontact would significantly increase the risk of a terrorist act\nhappening or seriously undermine the effectiveness of the\n(i) the grounds for preventing the contact; and\n(ii) the period as soon as possible after the end of the 24-hour\nperiod when the person must be contacted under that\napplication, whether they are favourable or adverse to a decision on\nthe application.\n(6) The information in the application must be sworn on oath by the\n\nPreventative detention orders—extensions Division 2.4\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Supreme Court may require further information—","content":"25 Supreme Court may require further information—\nextension application\nthe application, the court may refuse to extend, or further extend, the\nperiod for which the order is in force unless the information is given\nto the court in the way the court requires.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Supreme Court may extend preventative detention order","content":"26 Supreme Court may extend preventative detention order\n(1) The Supreme Court may, on application under section 24 and by\norder, extend, or further extend, the period for which the preventative\ndetention order is in force if satisfied, on reasonable grounds, that the\nextension, or further extension, is reasonably necessary for the\npurpose for which the order was made.\n(2) The period as extended, or further extended, must be stated in the\norder and must end—\n(a) no later than 7 days after the person is first detained under the\norder as extended, or further extended; and\n(b) no later than 14 days after the person is first taken into custody\nand detained, or detained, under any preventative detention\norder, or corresponding preventative detention order, for the\nsame terrorist act.\n\n(3) Also, if the person has impaired decision-making ability, the\nextension, or further extension, may state both of the following:\n(a) that the person may not be contacted under section 54 (Person\nadvocate) within 24 hours after being further detained under the\n(b) that the person must be contacted under section 54 after the end\nof the 24-hour period within a period stated in the order.\n(4) The only basis for a decision under subsection (3) is that preventing\nthe contact is necessary because the contact would significantly\nincrease the risk of a terrorist act happening or seriously undermine\nthe effectiveness of the preventative detention order.\n(5) A reference in subsection (2) to a number of days is a reference to the\nnumber of hours in that number of days.\nDivision 2.5 Preventative detention orders—\nreinstatements\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Application for reinstatement of preventative detention","content":"27 Application for reinstatement of preventative detention\n(1) This section applies if a preventative detention order (the original\norder) for a person lapsed under section 42 because the person was\ndetained under—\n(a) the Crimes Act 1914 (Cwlth) in relation to an offence against the\nCommonwealth Criminal Code, part 5.3 (Terrorism); or\n(b) the Australian Security Intelligence Organisation Act 1979\n(Cwlth), part 3, division 3 (Special powers relating to terrorism\noffences).\n(2) A senior police officer may apply to the Supreme Court for\nreinstatement of the original order.\n\nPreventative detention orders—reinstatements Division 2.5\n(3) The senior police officer may make the application only if the police\nofficer is satisfied, on reasonable grounds, that the reinstatement is\nreasonably necessary for the purpose for which the original order was\nmade.\n(4) The application must—\n(b) set out the facts and other grounds on which the police officer\nconsiders that the reinstatement is reasonably necessary for the\npurpose for which the order was made.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Supreme Court may require further information—","content":"28 Supreme Court may require further information—\nreinstatement application\nthe application, the court may refuse to reinstate the original order\nunless the information is given to the court in the way the court\nrequires.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Supreme Court may reinstate preventative detention","content":"29 Supreme Court may reinstate preventative detention\n(1) The Supreme Court may, on application under section 27 and by\norder, reinstate the original order if satisfied, on reasonable grounds,\nthat the reinstatement is reasonably necessary for the purpose for\nwhich the original order was made.\n\n(2) The period during which the person may be taken into custody and\ndetained, or detained, under the order as reinstated must be stated in\nthe order under this section and must not be longer than the maximum\nperiod for which the person could have been detained under the\noriginal order immediately before the original order lapsed.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Start and end of effect of reinstated preventative","content":"30 Start and end of effect of reinstated preventative\ndetention order\nA preventative detention order for a person that is reinstated under\nthis division starts to have effect when the order reinstating the\noriginal order is made and ceases to have effect when whichever of\nthe following first happens:\n(a) the end of the period stated in the original order as the period\nduring which the person may be detained under the original\n(b) the end of 48 hours after the order is made if the person has not\nbeen detained under the order;\n(c) if the order is extended, or further extended, under\ndivision 2.4—the end of the period as extended, or further\nextended;\n(d) the order lapses under section 42 (Release of person from\npreventative detention);\n(e) the order is set aside under division 2.6;\n(f) the order ceases to have effect under section 101 (2) (Expiry of\nAct etc).\n\nPreventative detention orders—setting aside and amending Division 2.6\nDivision 2.6 Preventative detention orders—\nsetting aside and amending\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Setting aside or amending preventative detention orders","content":"31 Setting aside or amending preventative detention orders\n(1) The person for whom a preventative detention order has been made,\nor a senior police officer, may apply to the Supreme Court for the\norder to be set aside or amended.\n(2) However, if the police officer detaining the person under the\npreventative detention order is satisfied that the grounds on which the\norder was made do not exist, or no longer exist, then—\n(a) if the officer is a senior police officer—the officer must apply to\naside; and\n(b) if the officer is not a senior police officer—the officer must tell\na senior police officer in writing and, if the senior police officer\nis satisfied that the grounds on which the order was made do not\nexist or no longer exist, the senior police officer must apply to\naside.\n(3) On application under subsection (1), the Supreme Court—\n(a) must, by order, set aside the preventative detention order if\nsatisfied that the grounds on which the order was made do not\nexist or no longer exist; and\n(b) may, by order, set the preventative detention order aside if\nsatisfied that it is appropriate that the order be set aside because\nof—\n(i) new facts and circumstances that have arisen since the\norder was made, extended or last extended; or\n\nDivision 2.6 Preventative detention orders—setting aside and amending\n(ii) facts and circumstances that were not before the court\nwhen the order was made, extended or last extended.\nNote If the order is set aside, it ceases to have effect (see s 22 (2) (d) and\ns 30 (e)).\n(4) If the Supreme Court sets the preventative detention order aside, the\npolice officer detaining the person under the order must give written\nnotice of the setting aside of the order to the director-general.\n(5) If the person has been detained under the preventative detention order\nand the Supreme Court sets the order aside, the court may order the\nTerritory to pay compensation to the person for the detention if the\ncourt considers that, because of facts and circumstances not before\nthe court when the order was made, extended or last extended, the\norder should not have been made, extended or last extended.\n(6) On application under subsection (1), the Supreme Court may amend\nthe preventative detention order if satisfied that it is appropriate that\nthe order be amended because of—\n(a) new facts and circumstances that have arisen since the order was\nmade, extended or last extended; or\n(b) facts and circumstances that were not before the court when the\norder was made, extended or last extended.\n\nPreventative detention orders—prohibited contact orders Division 2.7\nDivision 2.7 Preventative detention orders—\nprohibited contact orders\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Prohibited contact orders","content":"32 Prohibited contact orders\n(1) If a senior police officer applies to the Supreme Court for a\npreventative detention order for a person, the police officer may also\napply to the Supreme Court for a prohibited contact order in relation\nto the person’s detention under the preventative detention order.\n(2) If a preventative detention order is in force for the person, a senior\npolice officer may apply to the Supreme Court for a prohibited\ncontact order in relation to the person’s detention under the\n(3) A senior police officer may apply for a prohibited contact order in\nrelation to a person’s detention under a preventative detention order\nonly if the officer is satisfied, on reasonable grounds, that the\nprohibited contact order is reasonably necessary for 1 or more of the\nfollowing purposes:\n(a) to avoid jeopardising action that is being taken to prevent a\nterrorist act;\n(b) to prevent serious harm to a person;\n(c) to preserve evidence of, or relating to, a terrorist act;\n(d) to prevent interference with the gathering of information\nabout—\n(i) a terrorist act; or\n(ii) the preparation for, or the planning of, a terrorist act;\n\nDivision 2.7 Preventative detention orders—prohibited contact orders\n(e) to avoid jeopardising—\n(i) the arrest of a person who is suspected of having\ncommitted an offence against the Commonwealth Criminal\nCode, part 5.3 (Terrorism) or another serious offence; or\n(ii) the taking into custody of a person for whom a preventative\ndetention order is in force or for whom a preventative\ndetention order is likely to be made; or\n(iii) the service on a person of a control order under the\nCommonwealth Criminal Code, division 104.\n(4) An application under this section must—\n(b) set out the terms of the order sought; and\n(c) set out the facts and other grounds on which the applicant\nconsiders the order should be made; and\n(d) state that the applicant does not suspect that any of the facts and\nother grounds relied on in making the application are based on\ninformation obtained, directly or indirectly, from torture; and\n(e) set out the inquiries the applicant has made about the matter\nmentioned in paragraph (d).\napplication, whether they are favourable or adverse to a decision to\n\nPreventative detention orders—prohibited contact orders Division 2.7\n(6) The information in the application must be sworn on oath by the\n(7) The Supreme Court may make a prohibited contact order prohibiting\nthe person for whom a preventative detention order has been made\nfrom contacting, while the person is detained under the preventative\ndetention order, the person or people stated in the prohibited contact\norder if the court is satisfied, on reasonable grounds, that the\nprohibited contact order is reasonably necessary for 1 or more of the\npurposes mentioned in subsection (3).\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Supreme Court may require further information—","content":"33 Supreme Court may require further information—\nprohibited contact application\nthe application, the court may refuse to make a prohibited contact\norder on the application unless the information is given to the court\nin the way the court requires.\n\nDivision 2.7 Preventative detention orders—prohibited contact orders\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Setting aside prohibited contact orders","content":"34 Setting aside prohibited contact orders\n(1) The person in relation to whom a prohibited contact order has been\nmade, or a senior police officer, may apply to the Supreme Court for\nthe order to be set aside.\n(2) However, if the police officer detaining the person under the relevant\npreventative detention order is satisfied that the grounds on which the\nprohibited contact order was made do not exist, or no longer exist,\nthen—\n(a) if the officer is a senior police officer—the officer must apply to\naside; and\n(b) if the officer is not a senior police officer—the officer must tell\na senior police officer in writing and, if the senior police officer\nis satisfied that the grounds on which the order was made do not\nexist or no longer exist, the senior police officer must apply to\naside.\n(3) On application under subsection (1), the Supreme Court—\n(a) must, by order, set aside the prohibited contact order if satisfied\nthat the grounds on which the order was made do not exist or no\nlonger exist; and\n(b) may, by order, set aside the prohibited contact order if satisfied\nthat it is appropriate that the order be set aside because of—\n(i) new facts and circumstances that have arisen since the\norder was made; or\n(ii) facts and circumstances that were not before the court\nwhen the order was made.\n\nDivision 2.8 Preventative detention orders—\ncarrying out\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Power to detain person under preventative detention","content":"35 Power to detain person under preventative detention\norder etc\n(1) While a preventative detention order is in force for a person—\n(a) any police officer may take the person into custody; and\n(b) subject to section 43 (Detention arrangements), any police\nofficer may detain the person.\n(2) A police officer who exercises a power under subsection (1) in\nrelation to a person must—\n(a) tell the person the officer’s name and rank; and\n(3) The person may also ask the police officer to tell the person—\n(a) the address of the officer’s place of duty; and\n(b) the officer’s identification number.\n(4) A police officer must comply with a request under subsection (3).\n(5) The lawfulness of a person’s detention under a preventative detention\norder is not affected by a failure to comply with subsection (2) or (4).\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Nominated senior police officer","content":"36 Nominated senior police officer\n(1) If a preventative detention order is made for a person (the detained\nperson), the chief police officer must nominate a senior police officer\n(the nominated senior police officer) to supervise the exercise of\nfunctions in relation to the preventative detention order.\n(2) The nominated senior police officer must be someone who was not\ninvolved in the making of the application for the preventative\ndetention order.\n\n(3) The nominated senior police officer must—\n(a) tell the detained person about his or her nomination as\nnominated senior police officer; and\n(b) supervise the exercise of functions in relation to the preventative\ndetention order; and\n(c) without limiting paragraph (b), ensure compliance with\nsection 31 (2) (Setting aside or amending preventative detention\norders) and section 34 (2) (Setting aside prohibited contact\norders) in relation to the preventative detention order; and\n(d) receive and consider any representations made under subsection\n(4) in relation to—\n(i) anything mentioned in paragraph (b) or (c); or\n(ii) the treatment of the person by anyone exercising authority\nunder the order or implementing or enforcing it.\n(4) For subsection (3) (d), representations may be made to the nominated\nsenior police officer by any of the following:\n(a) the detained person;\n(b) a lawyer acting for the detained person;\n(c) the ombudsman;\n(d) if the detained person has impaired decision-making ability—\nthe public advocate or a person with whom the detained person\nhas contact under section 53 (Special contact rules for people\nwith impaired decision-making ability);\n(e) a person exercising authority under the order or implementing\nor enforcing it.\n(5) The chief police officer may exercise the power under subsection (1)\nto replace a nominated senior police officer with another nominated\nsenior police officer (a new nominated senior police officer).\n\n(6) A new nominated senior police officer must tell the detained person\nof the senior police officer’s nomination.\n(7) The nominated senior police officer (including a new nominated\nsenior police officer) must arrange for the assistance of an interpreter\nin complying with this section if the officer suspects, or has grounds\nto suspect, that the detained person cannot, because of inadequate\nknowledge of the English language or a disability, communicate with\nreasonable fluency in English.\n(8) Without limiting subsection (7), the assistance of the interpreter may\nbe provided by phone if—\n(a) the detained person agrees; or\n(b) it is not practicable to arrange for the interpreter to attend in\n(9) The lawfulness of a person’s detention under a preventative detention\norder is not affected by a failure to comply with subsection (7).\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Endorsement of order with date and time person detained","content":"37 Endorsement of order with date and time person detained\nunder order\n(1) As soon as possible after a person is first detained under a\nunder the order must endorse on the order—\n(a) the date and time when the person was first detained under the\n(b) the place where the person was first detained.\n(2) As soon as possible after the person is transferred to another place of\ndetention under the preventative detention order, the police officer\ndetaining the person must endorse on the order—\n(a) the date and time when the person was first detained at the other\nplace under the order; and\n(b) the other place.\n\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Power to require name and address","content":"38 Power to require name and address\n(1) A police officer may require a person to give the police officer the\nperson’s name and home address if the officer believes, on reasonable\ngrounds, that the person may be able to assist the police officer in\nexecuting a preventative detention order.\n(2) The police officer must—\n(a) tell the person the officer’s name and rank; and\nthat the police officer is a police officer; and\n(c) tell the person the reason for the requirement and record the\nreason.\n(3) The person may also ask the police officer to tell the person—\n(a) the address of the officer’s place of duty; and\n(b) the officer’s identification number.\n(4) The person must comply with a requirement made of the person under\nsubsection (1) if the police officer complies with subsection (2) and\nany request made by the person under subsection (3).\nMaximum penalty: 20 penalty units.\n(5) An offence against this section is a strict liability offence.\n(6) The lawfulness of a person’s detention under a preventative detention\norder is not affected by a failure to comply with subsection (2) or a\nrequest made under subsection (3).\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Power to enter premises","content":"39 Power to enter premises\n(1) This section applies if —\n(a) a preventative detention order is in force for a person; and\n(b) a police officer believes, on reasonable grounds, that the person\nis on any premises.\n\n(2) The police officer may enter the premises, using any reasonably\nnecessary force, and with any reasonably necessary assistance from\nother police officers, at any time of the day or night for the purpose\nof searching the premises for the person or taking the person into\ncustody.\n(3) However, the police officer must not enter premises (or a part of\npremises) used for residential purposes at any time between 9 pm on\na day and 6 am on the next day unless the police officer believes, on\nreasonable grounds, that—\n(a) it would not be practicable to take the person into custody, either\nat the premises or somewhere else, at another time; or\n(b) it is necessary to enter the premises to prevent the concealment,\nloss or destruction of evidence of, or relating to, a terrorist act.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Use of force etc—preventative detention order","content":"40 Use of force etc—preventative detention order\nA police officer must not, in the course of taking a person into custody\nor detaining a person under a preventative detention order, use more\nforce, or subject the person to greater indignity than is reasonably\nnecessary—\n(a) to take the person into custody or detain the person; or\n(b) to prevent the escape of the person after being taken into custody\nor detained.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Search of person taken into custody under preventative","content":"41 Search of person taken into custody under preventative\ndetention order\n(1) In this section:\nseizable item means anything that—\n(a) would present a danger to a person; or\n(b) could be used to assist a person to escape from lawful custody;\nor\n\n(c) could be used to contact someone else to operate a device\nremotely.\n(2) A police officer may, when or soon after a person is taken into\ncustody under a preventative detention order, conduct a frisk search\nor ordinary search of the person to find out whether the person is\ncarrying a seizable item.\n(3) However, the police officer must not conduct a frisk search or\nordinary search of the person for evidence of, or relating to, a terrorist\nact unless the officer suspects, on reasonable grounds, that the person\nis carrying evidence of, or relating to, a terrorist act.\n(4) The police officer may seize any seizable item found during the\nsearch.\n(5) Schedule 1 applies to a search conducted under this section.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Release of person from preventative detention","content":"42 Release of person from preventative detention\n(1) The police officer detaining a person under a preventative detention\norder may release the person from detention under the order.\nNote A person may be released, for example, so that the person may be arrested\nand charged with an offence and otherwise dealt with in relation to the\ncharge.\n(2) The police officer who releases the person from detention under the\npreventative detention order must give the person a signed written\nstatement that the person is being released from that detention.\n(3) The statement must identify the police officer who signs it.\n(4) To remove any doubt, a person is taken to have been released from\ndetention under a preventative detention order if the person is taken\ninto custody, or detained, on some other basis, whether or not the\nperson is told that the person is being released from detention under\nthe order.\n\n(5) If a person is released from detention under a preventative detention\n(a) the order lapses; and\n(b) the person must not again be taken into custody, or detained,\nunder the order (unless the order is reinstated under\ndivision 2.5).\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Detention arrangements","content":"43 Detention arrangements\n(1) The chief police officer may, with the Minister’s written approval,\nmake written arrangements in relation to the detention of people\nunder preventative detention orders.\n(2) Before seeking the Minister’s approval to arrangements, the chief\npolice officer must consult with the director-general, the human rights\ncommissioner, the ombudsman and the public advocate about the\narrangements.\n(3) The arrangements must be consistent with human rights.\n(4) Without limiting subsections (1) and (3), the arrangements must—\n(a) provide for people detained under preventative detention orders\n(detainees) to be detained in the ACT; and\n(b) identify the places in the ACT where detainees may be detained;\nand\n(c) provide for—\n(i) the place where each detainee is detained to be recorded;\nand\n(ii) access to the records; and\n(d) provide for how responsibility for detainees is to be shared\nbetween the chief police officer and the director-general; and\n(e) provide for how detainees are to be transferred between places\nwhere they may be detained; and\n\n(f) provide for the ombudsman to be told about each place where a\ndetainee is detained; and\n(g) provide for the human rights commissioner, the ombudsman and\nthe public advocate to be able to visit a place where a detainee\nis detained; and\n(h) provide for the identification of everyone involved in detaining\na detainee; and\n(i) include guidelines about the minimum conditions of detention\nand standards of treatment for detainees.\n(5) Without limiting subsection (4) (i), the guidelines must—\n(a) provide for detainees to be segregated from people who have\nbeen convicted of, or remanded for, offences; and\n(b) provide for detainees to be treated with humanity and respect for\nthe inherent dignity of the human person; and\n(c) provide for standards about the contact detainees may have with\nother people (including contact that may be allowed under\nsection 50 (1) (f)); and\n(d) take account of the sex and age of detainees; and\n(e) respect the cultural and religious needs of detainees; and\n(f) ensure that detainees are provided with appropriate health care\nservices; and\n(g) ensure that detainees with disabilities are provided with\nappropriate support.\n(6) The chief police officer must ensure that a copy of the arrangements\nin force under this section is given to the human rights commissioner,\nthe ombudsman and the public advocate—\n(a) when the arrangements are first made; and\n(b) whenever the arrangements are changed.\n\n(7) If a person is detained under a preventative detention order in\naccordance with the arrangements made under this section—\n(a) the nominated senior police officer is taken, for this part, to be\nthe police officer detaining the person; and\n(b) a police officer authorised, in writing, by the chief police officer\nmay, at any time, visit the detained person to exercise functions\nunder this part in relation to the detained person.\n(8) If a person is detained under a preventative detention order at a\ncorrectional centre—\n(a) the order is taken to authorise the person in charge of the\ncorrectional centre to detain the person while the order is in force\nin relation to the person and the person is detained at the\ncorrectional centre under the arrangements made under this\nsection; and\n(b) section 48 (Humane treatment of detained person) applies in\nrelation to the person’s detention at the correctional centre as if\nthe following people were exercising authority under this order\nor implementing or enforcing it:\n(i) the person in charge of the correctional centre;\n(ii) anyone else involved in detaining the detained person at\nthe correctional centre.\n(9) Subsection (8) is additional to, and does not limit, any other territory\nlaw.\n(10) A person commits an offence if—\n(a) the person detains someone under a preventative detention\n\nDivision 2.9 Preventative detention orders—informing detained people\n(b) the person engages in conduct in relation to the detained person\nthat contravenes the arrangements under this section.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(11) In this section:\ndirector-general means the director-general under the Crimes\n(Sentence Administration) Act 2005.\nhuman rights—see the Human Rights Act 2004, section 5.\nDivision 2.9 Preventative detention orders—\ninforming detained people\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Effect of preventative detention order etc to be explained","content":"44 Effect of preventative detention order etc to be explained\nto detained person\n(1) As soon as possible after a person is first detained under a\nunder the order must tell the person about the matters mentioned in\nsubsection (2).\nNote A contravention of this subsection does not affect the lawfulness of the\nperson’s detention under the order (see s 46 (6)).\n(2) The police officer must tell the person about the following:\n(a) if the preventative detention order is an interim order—the\nfollowing:\n(i) the fact that the Supreme Court has made a preventative\ndetention order for the person’s detention pending hearing\nand making a final decision on the application for a\npreventative detention order for the person;\n(ii) the date and time fixed for the hearing of the application to\nbe resumed;\n(iii) the effect of the order;\n\nPreventative detention orders—informing detained people Division 2.9\n(b) the period during which the person may be detained under the\n(c) the person’s rights to contact people while the person is detained\nunder the order and how the rights may be exercised;\n(d) without limiting paragraph (c), the person’s rights under section\n52 (Contact with lawyer etc) to contact a lawyer and, in\nparticular, the person’s right to contact the legal aid commission\nfor assistance to choose a lawyer;\n(e) the restrictions that apply to contacting people while the person\nis detained under the order;\n(f) whether an application can be made for an extension, or further\nextension, of the period for which the order is to be in force for\nthe person;\n(g) the person’s right to complain to the ombudsman in relation to—\n(i) the application for the order; or\n(ii) the person’s treatment by anyone exercising authority\n(iii) the person’s detention, or continued detention, under the\n(h) the fact that the person may apply to the Supreme Court to set\naside or amend the order or seek from the court any other\nremedy relating to the person’s treatment by anyone exercising\nauthority under the order or implementing or enforcing it;\n(i) the name and work phone number of the senior police officer\nnominated under section 36 (Nominated senior police officer) to\nsupervise the exercise of functions in relation to the order;\n(j) the right of the person and the other people mentioned in\nsection 36 (4) to make representations to the nominated senior\npolice officer and the matters mentioned in section 36 (3) (d)\nabout which the representations may be made.\n\nDivision 2.9 Preventative detention orders—informing detained people\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Detained person to be told about extension of order","content":"45 Detained person to be told about extension of order\nIf a preventative detention order is extended, or further extended,\nunder division 2.4, the police officer detaining the person under the\norder must tell the person about the extension, or further extension,\nas soon as possible after the extension, or further extension, is made.\nNote A contravention of this section does not affect the lawfulness of the\nperson’s detention under the order (see s 46 (6)).\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Compliance with obligation to inform","content":"46 Compliance with obligation to inform\n(1) Section 44 or section 45 does not apply if the actions of the person\ndetained under the preventative detention order make it impracticable\nfor the police officer to comply with the section.\n(2) If a police officer does not comply with section 44 or section 45, the\npolice officer must record the noncompliance and the reasons for it.\n(3) The police officer detaining the person under the preventative\ndetention order complies with section 44 (1) if the police officer tells\nthe person in substance about the matters mentioned in section 44 (2)\n(even if this is not done in language of a precise or technical nature).\n(4) The police officer detaining the person under the preventative\ndetention order must arrange for the assistance of an interpreter in\ncomplying with section 44 (1) or section 45 if the officer suspects, or\nhas grounds to suspect, that the detained person cannot, because of\ninadequate knowledge of the English language or a disability,\ncommunicate with reasonable fluency in English.\n(5) Without limiting subsection (3), the assistance of the interpreter may\nbe provided by phone if—\n(a) the detained person agrees; or\n(b) it is not practicable to arrange for the interpreter to attend in\n\nPreventative detention orders—informing detained people Division 2.9\n(6) The lawfulness of a person’s detention under a preventative detention\norder is not affected by a failure to comply with section 44 (1),\nsection 45, or subsection (3).\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Copies of orders to be given to detained person","content":"47 Copies of orders to be given to detained person\n(1) As soon as possible after a person is first detained under an interim\nunder the order must give the person a copy of the order.\n(2) As soon as possible after any other order is made in relation to a\nperson detained under this part, the police officer detaining the person\nmust give the person a copy of the order.\nNote This subsection applies to the following orders:\n• a preventative detention order (other than an interim order)\n• an order extending, or further extending, a preventative detention\n• an order setting aside or amending a preventative detention order\n• a prohibited contact order\n• an order setting aside a prohibited contact order.\n\nDivision 2.10 Preventative detention orders—treatment of detained people generally\nDivision 2.10 Preventative detention orders—\ntreatment of detained people\ngenerally\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Humane treatment of detained person","content":"48 Humane treatment of detained person\n(1) A person being taken into custody, or detained, under a preventative\ndetention order—\n(a) must be treated with humanity and respect for the inherent\ndignity of the human person; and\n(b) must not be subjected to cruel, inhuman or degrading treatment;\nby anyone exercising authority under the order or implementing or\nenforcing it.\nNote See s 43 (8) in relation to detention at a correctional centre.\n(2) A person commits an offence if the person engages in conduct that\ncontravenes this section.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Restriction on contact with other people","content":"49 Restriction on contact with other people\n(1) While a person is detained under a preventative detention order, the\nperson—\n(a) is not entitled to contact anyone; and\n(b) may be prevented from contacting anyone.\n(2) This section is subject to the following sections:\n(a) section 50 (Contact with family members etc);\n(b) section 50A (Contact with diplomatic representative etc);\n(c) section 51 (Contact with human rights commissioner,\nombudsman and integrity commissioner);\n\n(d) section 52 (Contact with lawyer etc);\n(e) section 53 (Special contact rules for people with impaired\ndecision-making ability).\nNote A person’s entitlement to contact other people under some of these\nsections is subject to a prohibited contact order (see s 57).\nDivision 2.11 Preventative detention orders—\ncontact provisions\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Contact with family members etc","content":"50 Contact with family members etc\n(1) A person detained under a preventative detention order is entitled, as\nsoon as possible after the person is detained under the order, to\ncontact the following people once by phone, fax or email:\n(a) subject to subsection (2), 1 of the person’s family members;\n(b) if the person—\n(i) lives with someone who is not a family member of the\nperson; or\n(ii) lives with other people who are not family members of the\nperson;\nthe other person or 1 of the other people;\n(c) if the person is employed—the person’s employer;\n(d) if the person employs people in a business—1 of the people the\nperson employs in the business;\n(e) if the person engages in business together with someone or other\npeople—the other person or 1 of the other people;\n(f) if the police officer detaining the person agrees to the person\ncontacting someone else—the other person.\n\n(2) For subsection (1) (a), if the detained person has 2 parents or 2 or\nmore guardians, the person is entitled to have contact with each of the\nparents or guardians.\n(3) The detained person is entitled, under subsection (1), to disclose\nonly—\n(a) the fact that the person is being detained under a preventative\ndetention order; and\n(b) the fact that the person is safe; and\n(c) the period for which the person is being detained; and\n(d) for contact with someone under subsection (1) (a) or (b)—where\nthe person is being detained.\n(4) The detained person is also entitled to have the further contact with\nthe person’s family or anyone else that is allowed under the\n(5) The form of contact that the detained person may have with someone\nunder subsection (4) includes—\n(a) being visited by the person; and\n(b) communicating with the person by phone, fax or email.\n(6) The detained person is entitled to have contact with someone under\nsubsection (4) for the period on any day, and on the days, allowed\nunder the preventative detention order.\n(7) In this section:\nfamily member, of a person, means—\n(a) the person’s domestic partner; or\n(b) a parent, step-parent or grandparent of the person; or\n(c) a child, stepchild or grandchild of the person; or\n(d) a brother, sister, stepbrother or stepsister of the person; or\n\n(e) a guardian or carer of the person.\n","sortOrder":50},{"sectionNumber":"50A","sectionType":"section","heading":"Contact with diplomatic representative etc","content":"50A Contact with diplomatic representative etc\ndetention order is a national of a foreign country.\n(2) The person is entitled to have the nominated senior police officer tell\na diplomatic or consular representative of the country about the\nperson’s detention as soon as practicable after the person is detained\nunder the order.\n(3) As soon as possible after the person is detained under the order, the\npolice officer detaining the person must tell the person about their\nentitlement under this section.\n(4) If the person requests that the diplomatic or consular representative\nbe told about the person’s detention, the nominated senior police\nofficer must tell the representative about the detention as soon as\npracticable after receiving the request.\nnational of a foreign country means a person who is not an\nAustralian citizen or permanent resident.\npermanent resident means—\n(a) a person who holds a permanent visa under the Migration\nAct 1958 (Cwlth), section 30; or\n(b) a New Zealand citizen who holds a special category visa under\nthe Migration Act 1958 (Cwlth), section 32.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Contact with human rights commissioner, ombudsman","content":"51 Contact with human rights commissioner, ombudsman\nand integrity commissioner\nA person detained under a preventative detention order is entitled to\ncontact, and be contacted by, the human rights commissioner, the\nombudsman and the integrity commissioner.\n\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Contact with lawyer etc","content":"52 Contact with lawyer etc\n(1) A person detained under a preventative detention order is entitled to\ncontact a lawyer privately and at any time for the purpose of—\n(a) obtaining advice from a lawyer about the person’s legal rights\nin relation to a part 2 application; or\nNote Part 2 application is defined in s 9.\n(b) arranging for a lawyer to act for the person in relation to, and\ninstructing a lawyer in relation to, a proceeding in the Supreme\nCourt relating to a part 2 application; or\n(c) arranging for a lawyer to act for the person in relation to, and\ninstructing a lawyer in relation to, any other proceeding in a\ncourt or tribunal for a remedy in relation to the preventative\ndetention order, including, for example, in relation to—\n(i) the implementation or enforcement of the order; or\n(ii) the person’s treatment by anyone exercising authority\n(iii) the person’s detention under the order; or\n(d) arranging for a lawyer to act for the person in relation to, and\ninstructing a lawyer in relation to, a complaint to the\nombudsman or other entity in relation to the preventative\ndetention order, including, for example, in relation to—\n(i) the making of the application for the order; or\n(ii) the implementation or enforcement of the order; or\n(iii) the person’s treatment by anyone exercising authority\n(iv) the person’s detention under the order; or\n\n(e) arranging for a lawyer to act for the person in relation to an\nappearance, or hearing, before a court or tribunal that is to take\nplace while the person is detained under the order.\n(2) The form of contact that the person may have with a lawyer under\nsubsection (1) includes—\n(a) being visited by the lawyer; and\n(b) communicating with the lawyer by phone, fax or email.\n(3) The person is entitled to contact the legal aid commission by phone,\nfax or email to ask for assistance to choose a lawyer.\nNote Under s 44 (2), the police officer detaining the person must tell the person\nabout the person’s rights to contact a lawyer and, in particular, the\nperson’s right to contact the legal aid commission for assistance to choose\na lawyer.\n(4) If the person contacts the legal aid commission, the commission must\nprovide reasonable assistance to the person to choose a lawyer,\nincluding by arranging for a suitable lawyer to contact and act for the\nperson if the person asks it to make the arrangements.\n(5) If the person asks the legal aid commission to provide legal\nrepresentation for the person, the commission must provide the\nrepresentation or arrange for it to be provided if the person cannot\nafford the cost of obtaining the assistance from a private lawyer.\n(6) For subsections (4) and (5), the legal aid commission may—\n(a) arrange for a lawyer to visit the person; and\n(b) communicate with the person by phone, fax or email at any\nreasonable time.\n(7) In making arrangements for the person, the legal aid commission may\ngive priority to lawyers who have been given an appropriate security\nclearance.\n\n(8) Despite subsection (7) but subject to any prohibited contact order, the\nperson is entitled under this section to contact a lawyer of the person’s\nchoice, whether or not the lawyer has an appropriate security\nclearance.\n(9) Also, subject to any prohibited contact order, the police officer\ndetaining the person must allow the person to have reasonable contact\nwith a lawyer for a purpose other than a purpose mentioned in\nsubsection (1).\n(10) If the police officer detaining the person suspects, or has grounds to\nsuspect, that—\n(a) the person cannot, because of inadequate knowledge of the\nEnglish language or a disability, communicate with reasonable\nfluency in English; and\n(b) the person may have difficulty in understanding or exercising\nthe person’s rights under this section;\nthe officer must give the person reasonable assistance (including, if\nappropriate, by arranging for the assistance of an interpreter) for the\nperson to understand and exercise the person’s rights under this\n(11) If the person asks to contact a lawyer or the legal aid commission, the\npolice officer detaining the person must make a written record of—\n(a) the details of the request; and\n(b) the date and time the request was made; and\n(c) the action taken in response to the request.\n(12) Any communication between a person detained under a preventative\ndetention order and the person’s lawyer is not admissible in evidence\nagainst the person in any court proceeding.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Special contact rules for people with impaired","content":"53 Special contact rules for people with impaired\ndecision-making ability\ndetention order has impaired decision-making ability.\n(2) The person is entitled, while detained under the order, to have contact\nwith—\n(a) a parent or guardian of the person; or\n(b) someone else who—\n(i) can represent the person’s interests; and\n(ii) is, as far as practicable, acceptable to the person and to the\npolice officer detaining the person; and\n(iii) is not a police officer; and\n(iv) is not an AFP employee (within the meaning of the\nAustralian Federal Police Act 1979 (Cwlth)); and\n(v) is not a member (however described) of a police force or\nservice of a State or another Territory; and\n(vi) is not an officer or employee of the Australian Security\nIntelligence Organisation.\n(3) To remove any doubt—\n(a) if the detained person has 2 parents or 2 or more guardians—the\nperson is entitled to have contact under subsection (2) with each\nof the parents or guardians; and\n(b) the person is entitled to disclose to someone with whom the\nperson has contact under subsection (2)—\n(i) the fact that the person is being detained under a\npreventative detention order; and\n\n(ii) the fact that the person is safe; and\n(iii) the period for which the person is being detained; and\n(iv) where the person is being detained; and\n(c) the first contact under subsection (2) must be within 24 hours\nafter each of the following:\n(i) the person is first detained under the preventative detention\n(ii) the person is further detained under an extension, or further\nextension, of the preventative detention order.\n(4) The form of contact that the detained person may have with someone\nunder subsection (2) includes—\n(a) being visited by the person; and\n(b) communicating with the person by phone, fax or email.\n(5) The period for which the detained person is entitled to have contact\nunder subsection (2) with someone each day is—\n(a) 4 hours; or\n(b) if the preventative detention order allows a longer period—that\nperiod.\n(6) Despite subsection (5), the police officer detaining the person may\nallow the person to have contact with someone under subsection (2)\nfor longer than the period provided for in subsection (5).\n(7) The police officer detaining the person must take reasonable steps to\nassist the person in exercising the person’s right to have contact with\na person under subsection (2).\n\n(8) If the detained person is not entitled to have contact with another\nperson under subsection (2) (b), because the other person is not\nacceptable to the police officer detaining the person, the police officer\n(a) tell the detained person the reason why the other person is not\nacceptable to the officer, unless this would result in the\ndisclosure of information relating to a terrorist act; and\n(b) give the detained person an opportunity to nominate another\nperson under subsection (2) with whom the detained person\nwishes to have contact; and\n(c) make a written record of the following:\n(i) the other person with whom the detained person sought to\nhave contact;\n(ii) the reasons why the other person was not acceptable to the\nofficer;\n(iii) the date and time the detained person made a request for\ncontact under this section;\n(iv) whether the detained person—\n(A) was reminded of their right to nominate another\nperson under subsection (2); and\n(B) nominated another person with whom the detained\nperson wished to have contact.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Person with impaired decision-making ability to be","content":"54 Person with impaired decision-making ability to be\ncontacted by public advocate\ndetention order has impaired decision-making ability.\n\n(2) As soon as possible after the person is detained under the preventative\ndetention order, the police officer detaining the person must tell the\npublic advocate about the person’s detention.\n(3) The public advocate may have the contact with the person—\n(a) that is necessary to ensure the person understands the effect of\nthe preventative detention order; and\n(b) that is necessary to find out anything about the welfare of the\n(4) The first contact under subsection (3) must be within 24 hours after\neach of the following:\n(a) the person is first detained under the preventative detention\n(b) the person is further detained under an extension, or further\nextension, of the preventative detention order.\n(5) Despite subsection (4), the first contact mentioned in that\nsubsection—\n(a) if the preventative detention order is an interim order—must not\ntake place if the order includes a statement to that effect in the\norder under section 21 (7); or\n(b) if the preventative detention order is not an interim order and the\norder includes statements under section 21 (6) about contact\nwith the person under this section—must take place in\naccordance with the order.\n(6) A single contact may satisfy more than 1 requirement for a contact\nunder subsection (4).\n\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Monitoring contact with family members etc","content":"55 Monitoring contact with family members etc\n(1) The contact a person detained under a preventative detention order\nhas with someone under section 50 (Contact with family members\netc) or section 53 (Special contact rules for people with impaired\ndecision-making ability) may take place only if it is conducted in a\nway that the contact, and the content and meaning of the\ncommunication that takes place during the contact, can be effectively\nmonitored by a police officer exercising authority under the\n(2) The contact may take place in a language other than English only if\nthe content and meaning of the communication that takes place during\nthe contact can be effectively monitored with the assistance of an\ninterpreter.\n(3) Without limiting subsection (2), the interpreter may be a police\nofficer.\n(4) If the detained person asks for the contact to take place in a language\nother than English, the police officer detaining the person must\narrange for an appropriate interpreter to be available for the contact\nunless it is impracticable to arrange for an appropriate interpreter to\nbe available.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Monitoring contact with lawyer","content":"56 Monitoring contact with lawyer\n(1) The contact a person detained under a preventative detention order\nhas with the person’s lawyer must not be monitored unless a direction\nunder subsection (2) requires the contact between them to be\nmonitored.\n\n(2) A senior police officer may direct, in writing, that contact between\nthe detained person and a lawyer named in the direction be monitored\nby a police officer, if the senior police officer believes, on reasonable\ngrounds, that 1 or more of the following consequences may happen if\nthe contact between them is not monitored:\n(a) interference with or harm to evidence of, or relating to, a serious\noffence;\n(b) interference with or physical harm to a person;\n(c) the alerting of a person who is suspected of having committed a\nserious offence, but has not been arrested for it;\n(d) interference with the gathering of information about the\ncommission, preparation or instigation of a terrorist act;\n(e) making it more difficult to prevent a terrorist act because a\nperson is alerted;\n(f) making it more difficult to secure a person’s apprehension for a\nterrorist act because a person is alerted.\n(3) Before giving a direction under subsection (2), the senior police\n(a) give the legal aid commission written notice that the officer is\nconsidering giving a direction under that subsection; and\n(b) consult with the PIM appointed under subsection (4) about the\nproposed direction; and\n(c) take into account any submissions made by the PIM.\n(4) On receiving notice under subsection (3) (a), the legal aid commission\nmust appoint a person from the public interest monitor panel under\nsection 62 to be the public interest monitor (PIM) for the proposed\ndirection under subsection (2).\n\n(5) If the senior police officer gives a direction under subsection (2), the\n(a) give a copy of the direction to—\n(i) the person; and\n(ii) the person’s lawyer; and\n(iii) the nominated senior police officer; and\n(b) record the reasons for giving the direction.\n(6) If a direction under subsection (2) is in force, the contact the detained\nperson has with the lawyer may take place only if it is conducted in a\nway that the contact, and the content and meaning of the\ncommunication that takes place during the contact, can be effectively\nmonitored by a police officer exercising authority under the\n(7) If subsection (6) applies, the contact may take place in a language\nother than English only if the content and meaning of the\ncommunication that takes place during the contact can be effectively\nmonitored with the assistance of an interpreter.\n(8) Without limiting subsection (7), the interpreter may be a police\nofficer.\n(9) If subsection (6) applies and the detained person asks for the contact\nto take place in a language other than English, the police officer\ndetaining the person must arrange for an appropriate interpreter to be\navailable for the contact unless it is impracticable to arrange for an\nappropriate interpreter to be available.\n(10) A communication that is monitored under this section must not be\nrecorded.\n\n(11) A police officer commits an offence if—\n(a) the police officer monitors contact between a person detained\nunder a preventative detention order and the person’s lawyer;\nand\n(b) the monitoring is not done in accordance with a direction under\nsubsection (2).\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nNote Any communication between a person detained under a preventative\ndetention order and the person’s lawyer is subject to legal professional\nprivilege and it is not admissible in evidence against the person in any\ncourt proceeding (see s 52 (12)).\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Entitlement to contact subject to prohibited contact order","content":"57 Entitlement to contact subject to prohibited contact order\nThe following sections have effect subject to any prohibited contact\norder made in relation to a person’s detention under a preventative\ndetention order:\n• section 50 (Contact with family members etc)\n• section 52 (Contact with lawyer etc)\n• section 53 (Special contact rules for people with impaired\ndecision-making ability).\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Questioning of detained person prohibited","content":"58 Questioning of detained person prohibited\n(1) A person must not question someone while that person is detained\nunder a preventative detention order except for the purpose of—\n(a) deciding whether the detained person is the person stated in the\norder; or\n(b) ensuring the detained person’s safety and wellbeing; or\n(c) allowing the person to comply with a requirement of this part in\nrelation to the detained person’s detention under the order.\n\n(2) A person commits an offence if—\n(a) the person questions someone while that person is detained\nunder a preventative detention order; and\n(b) the questioning is not done for a purpose mentioned in\nsubsection (1) (a), (b) or (c).\n(3) If a person questions someone while that person is detained under a\npreventative detention order, the first person must ensure that—\n(a) a video recording is made of the questioning; or\n(b) if it is not practicable to make a video recording of the\nquestioning—an audio recording is made of the questioning.\n(4) A recording made under subsection (3) must be kept for at least 1 year\nafter the day it is made.\n(5) If a person questions someone in contravention of this section, any\nanswer to a question, and any information, document or thing\nobtained, directly or indirectly, because of the giving of an answer,\nare not admissible in evidence against the person in a civil or criminal\nproceeding.\n(6) This section does not apply in relation to questioning that is part of\ncontact under any of the following sections:\n(a) section 50 (Contact with family members etc);\n(b) section 51 (Contact with human rights commissioner,\nombudsman and integrity commissioner);\n(c) section 52 (Contact with lawyer etc);\n\n(d) section 53 (Special contact rules for people with impaired\ndecision-making ability);\n(e) section 54 (Person with impaired decision-making ability to be\ncontacted by public advocate).\nDivision 2.12 Preventative detention orders—\nidentification material\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Taking identification material","content":"59 Taking identification material\n(1) A police officer must not take identification material from a person\ndetained under a preventative detention order otherwise than in\naccordance with this section.\n(2) A police officer of or above the rank of sergeant may take\nidentification material from the person, or cause identification\nmaterial to be taken from the person, if—\n(a) the person consents in writing; or\n(b) the police officer believes, on reasonable grounds, that it is\nnecessary to take the material to confirm the person’s identity as\nthe person stated in the order.\n(3) If the police officer believes on reasonable grounds that the person\nhas suffered an injury or illness while detained under the order, the\nofficer must, as soon as practicable—\n(a) make a written record of the injury or illness suffered by the\nperson; and\n(b) if the injury or illness can be recorded visually—take, or cause\nto be taken, a photograph or video recording of the injury or\nillness, in accordance with section 59A.\n(4) A police officer may use the force that is reasonably necessary to take\nidentification material from the person under subsection (2) (b) or (3).\n\nPreventative detention orders—identification material Division 2.12\n(5) Subject to this section, if the person has impaired decision-making\nability, a police officer must not take identification material (other\nthan prints of the person’s hands, fingers, feet or toes) from the person\nunder this section unless the Supreme Court orders that the material\nbe taken.\n(6) If the person has impaired decision-making ability, the taking of\nidentification material from the person must be done in the presence\nof—\n(a) a parent or guardian of the person; or\n(b) if a parent or guardian of the person is not acceptable to the\nperson—another appropriate person.\n(7) To remove any doubt, this section does not apply to anything done\nunder section 58.\n(8) In this section:\nappropriate person, for a person with impaired decision-making\nability, means someone who—\n(a) can represent the person’s interests; and\n(b) is, as far as practicable, acceptable to the person and to the police\nofficer detaining the person; and\n(c) is not a police officer; and\n(d) is not an AFP employee (within the meaning of the Australian\nFederal Police Act 1979 (Cwlth)); and\n(e) is not a member (however described) of a police force of a State\nor another Territory; and\n(f) is not an officer or employee of the Australian Security\nIntelligence Organisation.\n\n","sortOrder":60},{"sectionNumber":"59A","sectionType":"section","heading":"Recording injury and illness","content":"59A Recording injury and illness\n(1) This section applies if a photograph or video recording of a detained\nperson’s injury or illness must be taken under section 59 (3).\n(2) Before a photograph or video recording is taken, a police officer must\ntell the detained person that the person may request—\n(a) the photograph or video recording be taken by a person of a\nparticular sex; and\n(b) a copy of the photograph or video recording.\n(3) A written record must be made of the giving of the information under\nsubsection (2), including the person’s response (if any).\n(4) The following must be given to the detained person:\n(a) if requested by the detained person—a copy of the photograph\nor video recording taken under section 59 (3);\n(b) a copy of the record made under subsection (3).\n(5) The taking of a photograph or video recording under section 59 (3)\n(a) be carried out in circumstances providing reasonable privacy to\nthe detained person; and\n(b) not involve the removal of more clothing than is necessary for\nthe taking of the photograph or video recording; and\n(c) not involve more visual inspection than is necessary for the\ntaking of the photograph or video recording; and\n(d) be carried out in the presence or view of a person only if the\nperson is—\n(i) reasonably necessary for taking, or assisting in taking, the\nphotograph or video recording; and\n\nPreventative detention orders—identification material Division 2.12\n(ii) if the detained person has made a request that the\nphotograph or video recording be taken by a person of a\nparticular sex—the same sex as the sex requested by the\ndetained person.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Using identification material","content":"60 Using identification material\n(1) Identification material obtained under section 59 from a person\ndetained under a preventative detention order must not be used by a\nperson for a purpose other than—\n(a) deciding whether the detained person is the person stated in the\norder; or\n(b) for material taken under section 59 (3)—for the purpose of a\ncomplaint, investigation or proceeding that relates to the injury\nor illness suffered by the person while detained under the order.\n(2) A person commits an offence if the person engages in conduct that\ncontravenes subsection (1).\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Destroying identification material","content":"61 Destroying identification material\n(1) The chief police officer must ensure that identification material taken\nunder section 59 from a person detained under a preventative\ndetention order is destroyed no later than the end of whichever of the\nfollowing periods ends first:\n(a) if a relevant proceeding has not been started within 1 year after\nthe day the material is taken—1 month after the end of the 1-year\nperiod;\n(b) if a relevant proceeding is, or relevant proceedings are, started\nwithin 1 year after the day the material is taken—1 month after\nthe proceeding, or the last of the proceedings, is discontinued or\nfinally decided.\n\nDivision 2.13 Preventative detention orders—public interest monitor panel\n(2) In this section:\nrelevant proceeding means a proceeding in relation to the\npreventative detention order, including, for example, the detained\nperson’s treatment by anyone exercising authority under the order or\nimplementing or enforcing it.\nDivision 2.13 Preventative detention orders—public\ninterest monitor panel\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Public interest monitor panel","content":"62 Public interest monitor panel\n(1) The Minister must appoint people to a public interest monitor panel.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The Minister must not appoint a person to the public interest monitor\npanel unless satisfied that the person—\n(a) is a lawyer; and\n(b) has qualities and experience making the person suitable to be a\npublic interest monitor (PIM); and\n(c) has an appropriate security clearance.\nNote The PIM has a role under the following sections:\n• s 14 (Appointment of PIM for applications etc)\n• s 56 (Monitoring contact with lawyer).\n\nSpecial powers—preliminary Division 3.1\n","sortOrder":64},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Special powers—preliminary","content":"Division 3.1 Special powers—preliminary\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Definitions—pt 3","content":"63 Definitions—pt 3\nIn this part:\ninvestigative authorisation means an investigative authorisation\ngiven by an order under section 73.\npreventative authorisation means a preventative authorisation given\nby an order under section 66.\nspecial powers authorisation means—\n(a) preventative authorisation; or\n(b) investigative authorisation.\ntarget area, in relation to a special powers authorisation, means an\narea named or described as a target area in the authorisation.\ntarget person, in relation to a special powers authorisation, means a\nperson named or described as a target person in the authorisation.\ntarget vehicle, in relation to a special powers authorisation, means a\nvehicle named or described as a target vehicle in the authorisation.\nvehicle means anything designed or used to transport a person or\ngoods by road, rail, air or water.\n\nDivision 3.2 Special powers authorisation—preventative authorisation\nDivision 3.2 Special powers authorisation—\npreventative authorisation\n64 Applying for preventative authorisation\n(1) The chief police officer may apply to the Supreme Court or the\nMagistrates Court for a preventative authorisation.\n(2) The chief police officer may make the application only if—\n(a) the chief police officer believes, on reasonable grounds, that a\nterrorist act is happening or will happen some time within the\nnext 14 days; and\n(b) the chief police officer is satisfied, on reasonable grounds, that\nthe authorisation would substantially assist in preventing the\nterrorist act, reducing its impact or both; and\n(c) the making of the application has been approved, in writing, by\nthe Chief Minister.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Application for preventative authorisation—contents","content":"65 Application for preventative authorisation—contents\n(1) An application under section 64 for a preventative authorisation\n(b) state when the authorisation sought is to start and end; and\n(c) describe the general nature of the terrorist act for which the\nauthorisation is sought; and\n(d) name or describe (if appropriate using a picture, map or other\nexercised in relation to the terrorist act;\n(ii) a person sought in relation to the terrorist act;\n(iii) a vehicle sought in relation to the terrorist act; and\n\nSpecial powers authorisation—preventative authorisation Division 3.2\n(e) explain why the authorisation sought would substantially assist\nin preventing the terrorist act, reducing its impact or both; and\n(f) if the authorisation sought is for or includes an area—explain\nwhy it is reasonably necessary for the authorisation to be given\nfor that area; and\n(g) set out the other facts and grounds on which the chief police\nofficer considers the authorisation should be given.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Making preventative authorisation order","content":"66 Making preventative authorisation order\nOn application under section 64, the Supreme Court or the\nMagistrates Court may, by order, authorise the exercise of powers\nunder division 3.4 if the court is satisfied, on reasonable grounds—\n(a) that a terrorist act is happening or will happen some time within\nthe next 14 days; and\n(b) that the authorisation would substantially assist in preventing the\nterrorist act, reducing its impact or both; and\n(c) if the authorisation is for or includes an area—that it is\nreasonably necessary to give the authorisation for that area.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Court may require further information—preventative","content":"67 Court may require further information—preventative\nauthorisation application\nIf the Supreme Court or the Magistrates Court asks the chief police\nofficer for further information about the application, the court may\nrefuse to make an order under section 66 on the application unless the\n\nDivision 3.2 Special powers authorisation—preventative authorisation\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Preventative authorisation—contents","content":"68 Preventative authorisation—contents\n(1) A preventative authorisation must—\n(b) be directed to all police officers; and\n(c) state that it is a preventative authorisation; and\n(d) state the time when it starts; and\n(e) state the time when it ends (unless sooner set aside); and\n(f) describe the general nature of the terrorist act to which it applies;\nand\n(g) name or describe (if appropriate by using a picture, map or other\nexercised (a target area) in relation to the terrorist act;\n(ii) a person sought in relation to the terrorist act (a target\nperson);\n(iii) a vehicle sought in relation to the terrorist act (a target\nvehicle).\n(2) The time stated under subsection (1) (e) must not be more than 7 days\nafter the preventative authorisation is given.\n(3) The authorisation may include conditions and restrictions on the\nexercise of the powers under the authorisation.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Setting aside or amending preventative authorisation","content":"69 Setting aside or amending preventative authorisation\nOn application by the chief police officer or an interested person, the\nSupreme Court or the Magistrates Court may, by order, set aside or\namend a preventative authorisation made by the court.\n\nSpecial powers authorisation—investigative authorisation Division 3.3\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"No extension of preventative authorisation","content":"70 No extension of preventative authorisation\n(1) A preventative authorisation cannot be extended.\n(2) However, subsection (1) does not prevent the Supreme Court or the\nMagistrates Court making another special powers authorisation for\nthe same terrorist act, whether the authorisation is to start\nimmediately after the end of the preventative authorisation or at a\nlater time.\nDivision 3.3 Special powers authorisation—\ninvestigative authorisation\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Applying for investigative authorisation","content":"71 Applying for investigative authorisation\n(1) The chief police officer may apply to the Supreme Court or the\nMagistrates Court for a investigative authorisation.\n(2) The chief police officer may make the application only if—\n(a) the chief police officer believes, on reasonable grounds, that a\nterrorist act has happened within the last 28 days, is happening\nor will happen some time within the next 14 days; and\n(b) the chief police officer is satisfied, on reasonable grounds, that\nthe authorisation would substantially assist in achieving 1 or\nmore of the following purposes:\n(i) apprehending a person responsible for the terrorist act;\n(iii) reducing the impact of the terrorist act; and\n(c) the making of the application has been approved, in writing, by\nthe Chief Minister.\n\nDivision 3.3 Special powers authorisation—investigative authorisation\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Application for investigative authorisation—contents","content":"72 Application for investigative authorisation—contents\nAn application under section 71 for an investigative authorisation\n(b) state when the authorisation sought is to start and end; and\n(c) describe the general nature of the terrorist act for which the\nauthorisation is sought; and\n(d) name or describe (if appropriate using a picture, map or other\nexercised in relation to the terrorist act;\n(ii) a person sought in relation to the terrorist act;\n(iii) a vehicle sought in relation to the terrorist act; and\n(e) explain why the authorisation sought would substantially assist\nin achieving 1 or more of the purposes mentioned in\nsection 71 (2) (b); and\n(f) if the authorisation sought is for or includes an area—explain\nwhy it is reasonably necessary for the authorisation to be given\nfor that area; and\n(g) set out the other facts and grounds on which the chief police\nofficer considers the authorisation should be given.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Making investigative authorisation order","content":"73 Making investigative authorisation order\nOn application under section 71, the Supreme Court or the\nMagistrates Court may, by order, authorise the exercise of powers\nunder division 3.4 if the court is satisfied, on reasonable grounds—\n(a) that a terrorist act has happened within the last 28 days, is\nhappening or will happen some time within the next 14 days;\nand\n\nSpecial powers authorisation—investigative authorisation Division 3.3\n(b) that the authorisation would substantially assist in achieving 1 or\nmore of the following purposes:\n(i) apprehending a person responsible for the terrorist act;\n(iii) reducing the impact of the terrorist act; and\n(c) if the authorisation is for or includes an area—that it is\nreasonably necessary to give the authorisation for that area.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Court may require further information—investigative","content":"74 Court may require further information—investigative\nauthorisation application\nIf the Supreme Court or the Magistrates Court asks the chief police\nofficer for further information about the application, the court may\nrefuse to make an order under section 73 on the application unless the\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Investigative authorisation—contents","content":"75 Investigative authorisation—contents\n(1) An investigative authorisation must—\n(b) be directed to all police officers; and\n(c) state that it is an investigative authorisation; and\n(d) state the time when it starts; and\n(e) state the time when it ends (unless sooner set aside); and\n(f) describe the general nature of the terrorist act to which it applies;\nand\n\nDivision 3.3 Special powers authorisation—investigative authorisation\n(g) name or describe (if appropriate by using a picture, map or other\nexercised (a target area) in relation to the terrorist act;\n(ii) a person sought in relation to the terrorist act (a target\nperson);\n(iii) a vehicle sought in relation to the terrorist act (a target\nvehicle).\n(2) The time stated under subsection (1) (e) must not be more than\n24 hours after the investigative authorisation is given.\n(3) The authorisation may include conditions and restrictions on the\nexercise of the powers under the authorisation.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Setting aside or amending investigative authorisation","content":"76 Setting aside or amending investigative authorisation\nOn application by the chief police officer or an interested person, the\nSupreme Court or the Magistrates Court may, by order, set aside or\namend an investigative authorisation made by the court.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"No extension of investigative authorisation","content":"77 No extension of investigative authorisation\n(1) An investigative authorisation cannot be extended.\n(2) However, subsection (1) does not prevent the Supreme Court or the\nMagistrates Court making another special powers authorisation for\nthe same terrorist act, whether the authorisation is to start\nimmediately after the end of the investigative authorisation or at a\nlater time.\n\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Exercising authorised special powers—general","content":"78 Exercising authorised special powers—general\nprovisions\n(1) While a special powers authorisation is in force, the powers under this\ndivision may be exercised by any police officer, subject to any\nconditions or restrictions in the authorisation, for the purposes of—\n(a) for a preventative authorisation—preventing the terrorist act to\nwhich the authorisation applies, reducing its impact or both; and\n(b) for an investigative authorisation, 1 or more of the following\npurposes:\n(i) apprehending a person responsible for the terrorist act to\nwhich the authorisation applies;\n(iii) reducing the impact of the terrorist act.\n(2) A police officer may exercise the powers—\n(a) without any other authority; and\n(b) even if the officer does not have a copy of the special powers\nauthorisation.\n(3) Subsection (4) applies to a power under any of the following\nprovisions:\n(a) section 79 (Power to require personal details under special\npowers);\n(b) section 80 (Power to search people under special powers);\n(c) section 81 (Power to search vehicles under special powers);\n(d) section 83 (Power to enter and search premises under special\npowers).\n\n(4) Before a police officer exercises the power in relation to a person, the\n(a) tell the person the reason for exercising the power; and\n(5) Subsection (6) applies to a power under any of the following\nprovisions:\n(a) section 82 (Power to move vehicles under special powers);\n(b) section 84 (Power to cordon target area etc under special\npowers);\n(c) section 85 (Power to seize things under special powers).\n(6) Before, when or as soon as possible after a police officer exercises\nthe power in relation to a person, the officer must—\n(a) if asked by the person—tell the person the reason for exercising\nthe power; and\n(7) The lawfulness of the exercise of special powers under a special\npowers authorisation is not affected by a failure to comply with\nsubsection (4) or (6).\n(8) If a person was searched, or a person’s vehicle or premises were\nsearched, under this part, the person may, not later than 1 year after\nthe day of the search, ask the chief police officer, in writing, for a\nwritten statement that the search was conducted in accordance with\nthis Act.\n(9) The chief police officer must within a reasonable time either—\n(a) give the person the written statement asked for; or\n\n(b) tell the person, in writing, that the chief police officer cannot\ngive the written statement asked for and explain why.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Power to require personal details under special powers","content":"79 Power to require personal details under special powers\n(1) A police officer may require a person to give the officer any of the\nperson’s personal details if the details are unknown to the officer and\nthe officer suspects, on reasonable grounds, that the person—\n(a) is a target person; or\n(b) is in the company of a target person in suspicious circumstances;\nor\n(c) is about to enter, is in or on, or has recently left, a target vehicle;\nor\n(d) is about to enter, is in, or has recently left, a target area.\n(2) If the police officer suspects, on reasonable grounds, that a personal\ndetail given by the person is false, the officer may require the person\nto provide proof of the correctness of the detail.\n(3) A person commits an offence if—\n(a) a police officer makes a requirement of the person under\nsubsection (1) or (2); and\nMaximum penalty: 20 penalty units.\n(4) Subsection (3) does not apply if the person has a reasonable excuse.\npersonal details, of a person, means—\n(a) the person’s full name; or\n(b) the person’s date of birth; or\n\n(c) the address of the place where the person is living; or\n(d) the address of the place where the person usually lives.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Power to search people under special powers","content":"80 Power to search people under special powers\n(1) A police officer may stop and search a person, and anything in the\nperson’s possession or under the person’s control, if the officer\nsuspects, on reasonable grounds, that the person—\n(a) is a target person; or\n(b) is in the company of a target person in suspicious circumstances;\nor\n(c) is about to enter, is in or on, or has recently left, a target vehicle;\nor\n(d) is about to enter, is in, or has recently left, a target area.\n(2) Schedule 1 applies to a search conducted under this section.\n(3) A police officer may detain a person for as long as is reasonably\nnecessary to conduct a search under this section.\n(4) A person commits an offence if—\n(a) a police officer makes a requirement of the person under this\nsection (including under schedule 1 as it applies in relation to\nthis section); and\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(5) Subsection (4) does not apply if the person has a reasonable excuse.\n\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Power to search vehicles under special powers","content":"81 Power to search vehicles under special powers\n(1) A police officer may stop and search a vehicle, and anything in or on\nthe vehicle, if the officer suspects, on reasonable grounds, that—\n(a) the vehicle is a target vehicle; or\n(b) a person who is about to enter, is in or on, or has recently left,\nthe vehicle is a target person; or\n(c) the vehicle is about to enter, is in, or has recently left, a target\narea.\n(2) A police officer may detain a vehicle for as long as is reasonably\nnecessary to conduct a search under this section.\n(3) A police officer may detain a person who is in or on a vehicle stopped\nunder this section for as long as is reasonably necessary to conduct a\nsearch under this section.\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Power to move vehicles under special powers","content":"82 Power to move vehicles under special powers\n(1) A police officer may move or cause to be moved a vehicle that is\nparked or left standing in a target area if the officer considers, on\nreasonable grounds, that the vehicle is—\n(a) a danger to other vehicles or people in the target area; or\n(b) causing or likely to cause traffic congestion in the target area; or\n(c) hindering the exercise of powers under this division in the target\narea.\n(2) A police officer acting under this section may—\n(a) enter a vehicle, using any reasonably necessary force, for the\npurpose of moving it; and\n(b) move the vehicle, or cause it to be moved, to the nearest\nconvenient place.\n\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Power to enter and search premises under special","content":"83 Power to enter and search premises under special\npowers\n(1) A police officer may enter and search premises in a target area.\n(2) A police officer may enter and search any premises for a target person\nor target vehicle if the officer suspects, on reasonable grounds, that\nthe person or vehicle is at, on or in the premises.\n(3) A police officer may detain a person who is at, on or in premises\nentered under this section for as long as is reasonably necessary to\nconduct a search of the premises.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Power to cordon target area etc under special powers","content":"84 Power to cordon target area etc under special powers\n(1) A police officer may cordon off a target area or any part of it.\n(2) If an area is cordoned off—\n(a) the cordon may include any form of physical barrier, including\na roadblock on any road in or near the target area; and\n(b) reasonable steps must be taken to ensure that the existence of the\ncordon is apparent to people approaching the cordon; and\n(c) a police officer must remain near the cordoned off area.\n(3) A police officer may require a person—\n(a) not to enter; or\n(b) to leave; or\n(c) to remain in;\na target area or a cordoned off area.\n(4) A police officer may require a person in charge of a vehicle—\n(a) not to take the vehicle into; or\n(b) to remove the vehicle from; or\n\n(c) not to remove the vehicle from;\na target area or a cordoned off area.\n(5) A person commits an offence if—\n(a) a police officer makes a requirement of the person under\nsubsection (3) or (4); and\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(6) Subsection (5) does not apply if the person has a reasonable excuse.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Power to seize things under special powers","content":"85 Power to seize things under special powers\n(1) A police officer may, in relation to a search under this division,\nseize—\n(a) all or part of a thing (including a vehicle) that the officer\nsuspects, on reasonable grounds, may be used, or may have been\nused, to carry out a terrorist act; or\n(b) all or part of a thing (including a vehicle) that the officer\nsuspects, on reasonable grounds, may provide evidence of, or\nrelating to, a serious offence (whether or not related to a terrorist\nact).\n(2) A power under this section to seize a thing includes—\n(a) power to remove the thing from the place where it is found; and\n(b) power to guard the thing at, in or on the place where it is found.\n\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Use of force by police under div 3.4","content":"86 Use of force by police under div 3.4\n(1) A police officer exercising a power under this division may use the\nforce that is reasonably necessary for exercising the power (including\nforce reasonably necessary to break into premises or a vehicle or\nanything in or on premises, a vehicle or a person).\n(2) However, the officer must take all reasonable steps to ensure that any\nharm to a person or damage to a thing or premises arising from the\nexercise of a power under this division by the officer is not more than\nis reasonably necessary for the effective exercise of the power.\nDivision 3.5 Authorised special powers—\nmiscellaneous\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Damage etc to be minimised","content":"87 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a power under this part, a\npolice officer must take all reasonable steps to ensure that the officer,\nand anyone assisting the officer, causes as little inconvenience,\ndetriment and damage as practicable.\n(2) If a police officer, or a person assisting a police officer, damages\nanything in the exercise or purported exercise of a power under this\npart, the officer must give written notice of the particulars of the\ndamage to the person the officer believes, on reasonable grounds, is\nthe owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n\nAuthorised special powers—miscellaneous Division 3.5\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Compensation for exercise of special powers","content":"88 Compensation for exercise of special powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a power under this part by a police officer or a person assisting a\npolice officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Power to give directions to directorates etc for special","content":"89 Power to give directions to directorates etc for special\npowers\n(1) The chief police officer may, to facilitate the exercise of another\npower under this part, give the responsible director-general of a\ndirectorate or territory entity directions in relation to the exercise of\nfunctions of the directorate or entity.\n(2) The responsible director-general is authorised and required to comply\nwith the direction.\n(3) In this section:\ndirectorate—see the Financial Management Act 1996, dictionary.\nresponsible director-general, of a directorate or territory entity—see\nthe Auditor-General Act 1996, dictionary.\nterritory entity—see the Auditor-General Act 1996, dictionary.\n\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Return of things seized etc under special powers","content":"90 Return of things seized etc under special powers\n(1) A police officer who seizes a thing in exercising a power under this\npart must return the thing to the owner or person who had lawful\npossession of it before it was seized if the officer is satisfied that—\n(a) its retention as evidence is not required; and\n(b) it is lawful for the person to have possession of the thing.\n(2) This section is subject to any order made under section 91 (Disposal\nof seized property on application to court).\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Disposal of seized property on application to court","content":"91 Disposal of seized property on application to court\n(1) On application by an interested person, a court may, order that\nproperty seized by a police officer exercising a power under this\npart—\n(a) be delivered to the person who appears to be lawfully entitled to\nthe property; or\n(b) if that person cannot be ascertained—be dealt with as the court\nconsiders appropriate.\n(2) On application under subsection (1), the court may do 1 or more of\nthe following:\n(a) adjust rights to property as between people who appear to be\nlawfully entitled to the same property or the same or different\nparts of property;\n(b) make a finding or order about the ownership and delivery of\nproperty;\n(c) make a finding or order about the liability for and payment of\nexpenses incurred in keeping property in police custody;\n\nAuthorised special powers—miscellaneous Division 3.5\n(d) if the person who is lawfully entitled to the property cannot be\nascertained—order that the property be forfeited to the\nTerritory;\n(e) make incidental or ancillary orders.\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Records of exercise of authorised special powers","content":"92 Records of exercise of authorised special powers\n(1) The chief police officer must ensure that records are made about the\nexercise of powers under this part.\n(2) A record made in relation to the exercise of a power under this part\nmust be kept for at least 7 years after the day the power is exercised.\n(3) A regulation may make provision in relation to the keeping of records\nunder this part.\nExamples of provisions that may be prescribed by regulation\n1 the scope, nature and content of records\n2 who must make records and when they must be made\n3 the storage of, or access to, records\n(4) In this section:\nthis part includes schedule 1 (Conduct of personal searches) as it\napplies in relation to this part.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Human rights training","content":"93 Human rights training\nThe chief police officer must ensure that police officers who exercise\npowers under this part are adequately trained about their obligations\nunder human rights legislation applying in the ACT.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Relationship with other territory laws","content":"94 Relationship with other territory laws\n(1) This part is additional to any other territory law.\n(2) In particular, this part does not limit the powers that a police officer\nhas under any other territory law.\n\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Report to Minister about exercise of special powers etc","content":"95 Report to Minister about exercise of special powers etc\n(1) As soon as possible after a special powers authorisation ends, the\nchief police officer must give the Minister a written report about the\nauthorisation and the exercise of powers under it.\n(2) The report must—\n(a) include a copy of the special powers authorisation or set out its\nterms; and\n(b) state the period during which it operated; and\n(c) include a summary of the grounds that were relied on in applying\nfor the authorisation; and\n(d) describe generally the powers that were exercised under the\nauthorisation and how they were exercised; and\n(e) state the result of the exercise of the powers; and\n(f) describe generally any inconvenience to, or adverse impact on,\nthe community, sections of the community, businesses and\nindividuals (other than individuals who were targets of the\nauthorisation) arising out of the exercise of the powers.\n(3) The Minister must present a copy of the report to the Legislative\nAssembly not later than 6 sitting days after the day the Minister\nreceives the report.\n(4) Before the Minister presents a copy of the report to the Legislative\nAssembly, the report may be edited to exclude material that, in the\nMinister’s opinion, may be subject to privilege or public interest\nimmunity.\n(5) If the Minister edits the report under subsection (4), the report must\nstate that fact.\n\nMiscellaneous Part 4\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Evidence obtained from torture inadmissible","content":"96 Evidence obtained from torture inadmissible\n(1) In a proceeding under this Act, evidence obtained, directly or\nindirectly, from torture is inadmissible.\n(2) To remove any doubt, this section applies wherever the torture was\ncarried out, whether in or outside the ACT (including outside\nAustralia).\n(3) In this Act:\ntorture—see the Convention Against Torture and Other Cruel,\nInhuman or Degrading Treatment or Punishment, article 1, paragraph\n1.\nNote The text of the Convention is set out in the Australian Treaty Series 1989\nNo 21 ([1989] ATS 21). The Australian Treaty Series is accessible at\nwww.legislation.act.gov.au.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Delegation by chief police officer","content":"97 Delegation by chief police officer\n(1) The chief police officer may delegate a function under this Act to a\nsenior police officer.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) However, the chief police officer must not delegate the chief police\nofficer’s functions under any of the following provisions:\n(a) section 16 (2) (Applying for preventative detention order);\n(b) section 36 (1) and (5) (Nominated senior police officer);\n(c) section 43 (Detention arrangements);\n(d) section 64 (Applying for preventative authorisation);\n(e) section 71 (Applying for investigative authorisation);\n\n(f) section 89 (Power to give directions to directorates etc for\nspecial powers);\n(g) section 95 (Report to Minister about exercise of special powers\netc).\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Annual report on use and effectiveness of Act","content":"98 Annual report on use and effectiveness of Act\n(1) Each report prepared by the director-general under the Annual\nReports (Government Agencies) Act 2004 for a financial year must\ninclude a report about the use and effectiveness of this Act during the\nyear.\n(2) Without limiting subsection (1), the report must include the following\ninformation:\n(a) the number of preventative detention orders (including interim\norders) made during the year;\n(b) for each preventative detention order (including each interim\norder) made during the year—whether a person was taken into\ncustody and detained, or detained, under the order and, if so, the\nperiod for which the person was detained;\n(c) particulars of any complaints made to the human rights\ncommissioner, the ombudsman or the public advocate during the\nyear in relation to a person’s detention under a preventative\ndetention order;\n(d) if, during the year, the human rights commission has reported to\nthe Minister the results of a review under the Human Rights\nAct 2004, section 41 (1) (a) of the effect of this Act (or any part\nof it) on human rights—a summary of the report;\n(e) the number of prohibited contact orders made during the year.\n(3) The chief police officer must give the director-general the\ninformation and other assistance the director-general needs to comply\nwith subsection (1).\n\nMiscellaneous Part 4\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Review of Act before expiry","content":"100 Review of Act before expiry\nThe Minister must—\n(a) review the operation and effectiveness of this Act on or after\n18 November 2025; and\n(b) present a report of the review to the Legislative Assembly not\nlater than 19 November 2026.\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Expiry of Act etc","content":"101 Expiry of Act etc\n(1) This Act expires on 19 November 2027.\n(2) Any order in force under this Act immediately before its expiry ceases\nto have effect on the expiry.\n(3) An order may not be made under this Act after its expiry.\n(4) Subsections (2) and (3) have effect despite the Legislation Act,\nsection 84 (Saving of operation of repealed and amended laws).\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Regulation-making power","content":"102 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSection 1.1\n(see s 41 and s 80)\n1.1 Application—sch 1\nThis schedule applies to a search of a person conducted, or authorised\nto be conducted, by a police officer under section 41 (Search of\nperson taken into custody under preventative detention order) or\nsection 80 (Power to search people under special powers).\n1.2 Definitions—sch 1\n(1) In this Act:\nfrisk search, of a person, means—\n(a) a search of the person conducted by quickly running the hands\nover the person’s outer clothing or by passing an electronic\nmetal detection device over or close to the person’s outer\nclothing; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person, including\nan examination conducted by passing an electronic metal\ndetection device over or close to the thing.\nordinary search, of a person, means a search of the person or of\nanything in the person’s possession, and may include—\n(a) requiring the person to remove only the person’s overcoat, coat,\njacket or a similar article of clothing and any footwear, gloves\nor headwear; and\n(b) an examination of them.\n\nSection 1.3\nstrip search, of a person, means a search of the person or of anything\nin the person’s possession, and may include—\n(a) requiring the person to remove the person’s clothes; and\n(b) an examination of the person’s body (but not of the person's\nbody cavities) and of the person’s clothes.\n(2) In this section:\nelectronic metal detection device means an electronic device that can\ndetect the presence of metallic objects.\n1.3 Frisk searches and ordinary searches\n(1) A police officer who is authorised to search a person may conduct a\nfrisk search or an ordinary search of the person for any purpose for\nwhich the search may be conducted.\n(2) In conducting a frisk search, a police officer may, if the officer has\nasked the person to remove an overcoat, coat, jacket or similar article\nof clothing, treat the person’s outer clothing as being the person’s\nouter clothing after that article of clothing has been removed.\n1.4 Strip searches\n(1) A police officer who is authorised to search a person may conduct a\nstrip search of the person if the officer suspects, on reasonable\ngrounds, that—\n(a) the person is a target person; and\n(b) it is necessary to conduct a strip search of the person to find and\nseize something; and\n(c) the thing can only be found and seized by conducting a strip\nsearch of the person.\n(2) If a police officer conducts a strip search, the officer must record the\nreasons for conducting the search.\n\nSection 1.5\n1.5 Preservation of privacy and dignity during search etc\n(1) A police officer who conducts a search of a person must—\n(a) comply with this section as far as practicable; and\n(b) if not practicable to comply with this section in any respect—\nrecord the noncompliance and the reasons for it.\n(2) The police officer must tell the person—\n(a) whether the person will be required to remove clothing during\nthe search; and\n(b) if so, why it is necessary to remove the clothing.\n(3) If the person asks for the reasons for the search being conducted in a\nparticular way, the police officer must tell the person the reasons.\n(4) The police officer must ask for the person’s cooperation.\n(5) The police officer must conduct the search—\n(a) in a way that provides reasonable privacy for the person; and\n(b) as quickly as is practicable.\n(6) The police officer must conduct the least invasive kind of search\npracticable.\n(7) The police officer must not search the genital area of the person\nsearched or, for a female, the person’s breasts unless the officer\nsuspects, on reasonable grounds, that it is necessary to do so for the\npurposes of the search.\n(8) If the person searched is of the opposite sex to the police officer, the\nofficer may conduct the search only if the officer believes, on\nreasonable grounds, that the seriousness and urgency of the\ncircumstances require the officer to conduct the search.\n(9) If the police officer acts under subsection (8), the officer must record\nthe reasons for acting under that subsection.\n\nSection 1.6\n(10) Subject to subsection (8), a search must be conducted by—\n(a) a police officer of the same sex as the person searched; or\n(b) another person of the same sex as the person searched, under the\ndirection of a police officer.\n(11) A search of the person must not be carried out while the person is\nbeing questioned.\n(12) If questioning has not been completed before the search is carried out,\nit must be suspended while the search is carried out.\n(13) If clothing is seized because of the search, the police officer must\nensure the person searched is left with or given reasonably\nappropriate clothing.\n(14) In this section:\nquestioning, of a person, means questioning the person or carrying\nout an investigation (in which the person participates).\n1.6 Rules for conduct of strip searches\n(1) A police officer who conducts a strip search of a person must—\n(a) comply with this section as far as practicable; and\n(b) if not practicable to comply with this section in any respect—\nrecord the noncompliance and the reasons for it.\n(2) The search must be conducted in a private area or an area that\nprovides reasonable privacy for the person searched.\n(3) Subject to subsection (9), the search must not be conducted in the\npresence or view of a person who is of the opposite sex to the person\nsearched.\n(4) Except as provided by this section, the search must not be conducted\nin the presence or view of a person whose presence is not necessary\nfor the search or the safety of everyone present.\n\nSection 1.6\n(5) If the police officer suspects, or has grounds to suspect, that the\nperson searched is a child or a person with impaired decision-making\nability, the search must be conducted in the presence of a parent or\nguardian of the person.\n(6) However, if the presence of a parent or guardian is not acceptable to\nthe person searched, the search must be conducted in the presence of\nsomeone else who—\n(a) is not a police officer; and\n(b) can support and represent the interests of the person; and\n(c) is acceptable to the person.\n(7) The search must not involve—\n(a) the removal of more clothes than is reasonably necessary to\nconduct the search; or\n(b) the removal of more clothes at any time than is reasonably\nnecessary to conduct the search; or\n(c) without limiting paragraph (b), both the upper and lower parts\nof the person’s body being uncovered at any time.\n(8) The search must not involve more visual inspection of the person’s\nbody than is reasonably necessary to conduct the search and, in\nparticular, any visual inspection of the person’s genital area, anal\narea, buttocks and, for a female, breasts must be kept to a minimum.\n(9) The search may be conducted in the presence of a doctor or nurse,\nincluding a doctor or nurse of the opposite sex to the person searched,\nif the person has no objection to the doctor or nurse being present.\n(10) The person searched must be allowed to dress in private as soon as\nthe search is finished.\n(11) This section is additional to the other requirements of this Act about\nsearches.\n\nSection 1.7\n1.7 Search of transgender or intersex person\n(1) If a transgender or intersex person is searched, the person may require\nthat the search be conducted by either a male or a female.\n(2) If the transgender or intersex person requires that the search be\nconducted by a male, the person is taken, for this schedule, to be male.\n(3) If the transgender or intersex person requires that the search be\nconducted by a female, the person is taken, for this schedule, to be\nfemale.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Australian citizen\n• chief police officer\n• child\n• Commonwealth Criminal Code\n• Criminal Code\n• exercise\n• function\n• home address\n• human rights commission\n• human rights commissioner\n• in relation to\n• integrity commissioner\n• intersex person (see s 169B)\n• legal aid commission\n• public advocate\n• transgender person (see s 169A (1) and (2)).\ncorresponding preventative detention law—see section 9.\ncorresponding preventative detention order—see section 9.\ndeath—see the Criminal Code, dictionary.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nfrisk search—see schedule 1, section 1.2.\nharm, to a person—see the Criminal Code, dictionary.\n\nidentification material, for a person—see section 9.\nimpaired decision-making ability—see the Guardianship and\nManagement of Property Act 1991, section 5.\ninterim preventative detention order (or interim order)—see\nsection 9.\ninvestigative authorisation—see section 63.\nnominated senior police officer, in relation to a preventative\ndetention order made for a person—see section 36.\nordinary search—see schedule 1, section 1.2.\npart 2 application—see section 9.\nphysical harm, to a person, includes unconsciousness, pain,\ndisfigurement, infection with a disease and any physical contact with\nthe person that the person might reasonably object to in the\ncircumstances (whether or not the person was aware of it at the time).\npossession, of a thing, includes—\n(a) having control over the disposition of the thing; and\n(b) having joint possession of the thing.\npremises includes—\n(a) land; and\n(b) a structure, building or vehicle; and\n(c) any part of a structure, building or vehicle; and\n(d) any place whether built on or not.\npreventative authorisation—see section 63.\npreventative detention order—see section 9.\nprohibited contact order—see section 9.\nsenior police officer means the chief police officer or another police\nofficer of or above the rank of superintendent.\n\nserious harm —see the Criminal Code, dictionary.\nserious offence means an offence punishable by imprisonment for\nlife or for a term of 5 years or longer.\nspecial powers authorisation—see section 63.\nstrip search—see schedule 1, section 1.2.\ntarget area, in relation to a special powers authorisation—see\ntarget person, in relation to a special powers authorisation—see\ntarget vehicle, in relation to a special powers authorisation—see\nterrorist act—see section 6.\ntorture—see section 96.\nvehicle—see section 63.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nTerrorism (Extraordinary Temporary Powers) Act 2006 A2006-21\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nremainder commenced 19 November 2006 (s 2 and LA s 79)\nNote This Act expires on 19 November 2027 (s 101)\nas amended by\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.74\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.74 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.152\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.152 commenced 1 July 2011 (s 2 (1))\nTerrorism (Extraordinary Temporary Powers) Amendment Act 2011\nA2011-39\nnotified LR 1 November 2011\ns 1, s 2 commenced 1 November 2011 (LA s 75 (1))\nremainder commenced 2 November 2011 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.22\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.22 commenced 10 June 2014 (s 2 (1))\nTerrorism (Extraordinary Temporary Powers) Amendment Act 2016\nA2016-6\nnotified LR 25 February 2016\ns 1, s 2 commenced 25 February 2016 (LA s 75 (1))\nremainder commenced 26 February 2016 (s 2)\n\nLegislation history 3\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.9\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.9 commenced 2 March 2017 (s 2 (3))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.22 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.30\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.30 commenced 14 May 2020 (s 2 (1))\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 7\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 7 commenced 12 August 2021 (s 2 (1))\nTerrorism (Extraordinary Temporary Powers) Amendment Act 2022\nA2022-16\nnotified LR 28 October 2022\ns 1, s 2 commenced 28 October 2022 (LA s 75 (1))\nremainder commenced 29 October 2022 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.93, sch 4\npt 4.174\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.93, sch 4 pt 4.174 commenced 26 November 2025\n(s 2 (3), (9))\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nNo preventative detention orders for children\ns 11 am A2011-39 s 4, s 5; ss renum R4 LA\nRights in relation to hearing of part 2 applications\ns 13 am A2014-18 amdt 3.104\nSetting aside or amending preventative detention orders\ns 31 am A2011-22 amdt 1.439; A2011-39 s 6\nPower to require name and address\ns 38 am A2009-49 amdt 3.190\nDetention arrangements\ns 43 am A2011-22 amdt 1.436, amdt 1.439\nRestriction on contact with other people\ns 49 am A2018-52 amdt 1.106; A2022-16 s 4; pars renum R11 LA\nContact with diplomatic representative etc\ns 50A ins A2022-16 s 5\nContact with human rights commissioner, ombudsman and integrity\ncommissioner\ns 51 hdg sub A2018-52 amdt 1.107\ns 51 am A2018-52 amdt 1.108\nContact with lawyer etc\ns 52 am A2022-16 s 6\nSpecial contact rules for people with impaired decision-making ability\ns 53 am A2022-16 s 7, s 8\nQuestioning of detained person prohibited\ns 58 am A2018-52 amdt 1.109\nTaking identification material\ns 59 am A2022-16 s 9, s 10; ss renum R11 LA\nRecording injury and illness\ns 59A ins A2022-16 s 11\nUsing identification material\ns 60 am A2022-16 s 12\nExercising authorised special powers—general provisions\ns 78 am A2011-39 s 7, s 8; pars renum R4 LA\nPower to require personal details under special powers\ns 79 am A2014-18 amdt 3.105\n\n4 Amendment history\nPower to give directions to directorates etc for special powers\ns 89 sub A2011-22 amdt 1.437\nDisposal of seized property on application to court\ns 91 am A2014-18 amdt 3.106\nEvidence obtained from torture inadmissible\ns 96 am A2014-18 amdt 3.107\nDelegation by chief police officer\ns 97 am A2011-22 amdt 1.438\nAnnual report on use and effectiveness of Act\ns 98 am A2011-22 amdt 1.439; A2017-5 amdt 1.19\nTransitional provision—references to correctional centre\ns 99 exp 19 November 2006 (s 99 (2) (a))\nReview of Act before expiry\ns 100 sub A2011-39 s 9; A2016-6 s 4\nam A2020-14 amdt 1.135\nsub A2022-16 s 13\nExpiry of Act etc\ns 101 am A2011-39 s 10; A2016-6 s 5; A2021-18 s 17; A2022-16\ns 14\nRegulation-making power\ns 102 am A2025-29 amdt 4.176\ndict am A2009-49 amdt 3.191; A2017-5 amdt 1.20; A2018-52\namdt 1.110; A2022-16 s 15; A2025-29 amdt 3.337\ndef Commonwealth Criminal Code om A2025-29 amdt 3.338\ndef impaired decision-making ability am A2014-18\namdt 3.108\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n19 Nov 2006\n19 Nov 2006–\n16 Dec 2009\nnot amended new Act\n17 Dec 2009\n17 Dec 2009–\nA2009-49 amendments by\nA2009-49\n1 July 2011–\n1 Nov 2011\nA2011-22 amendments by\nA2011-22\n2 Nov 2011\n2 Nov 2011–\nA2011-39 amendments by\nA2011-39\n10 June 2014–\n25 Feb 2016\nA2014-18 amendments by\nA2014-18\n26 Feb 2016\n26 Feb 2016–\n1 Mar 2017\nA2016-6 amendments by\nA2016-6\n2 Mar 2017\n2 Mar 2017–\n30 Nov 2019\nA2017-5 amendments by\nA2017-5\n1 Dec 2019\n1 Dec 2019–\nA2019-18 amendments by\nA2018-52\nas amended by\nA2019-18\n14 May 2020–\n11 Aug 2021\nA2020-14 amendments by\nA2020-14\n12 Aug 2021\n12 Aug 2021–\n28 Oct 2022\nA2021-18 amendments made\nby A2021-18\n29 Oct 2022\n29 Oct 2022–\n25 Nov 2025\nA2022-16 amendments by\nA2022-16\n","sortOrder":103}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Section 54(5)(b), read with sections 21(6) and 21(7)","severity":"high","reasoning":"Section 54(5)(b)'s stated trigger cannot be created under section 21(6). Section 21(6) concerns longer daily contact under section 53, while section 21(7) concerns delayed contact under section 54.","confidence":0.99,"description":"The exception for delayed Public Advocate contact depends on a non-interim order containing statements under section 21(6) about section 54 contact, but section 21(6) concerns section 53 contact. Section 21(7), not section 21(6), authorises statements about section 54 contact.","source_quotes":["the order includes statements under section 21 (6) about contact with the person under this section—must take place in accordance with the order.","the person is entitled to have contact with a stated person under section 53","the person may not be contacted under section 54"]}],"contradictions":[{"severity":"high","section_a":"Section 21(7)","section_b":"Sections 54(4) and 54(5)(b)","confidence":0.99,"description":"Section 21(7) permits a non-interim order to prohibit section 54 contact within 24 hours and require later contact. Section 54(4) requires contact within 24 hours, while section 54(5)(b) fails to displace that requirement because it incorrectly refers to section 21(6).","source_quotes":["that the person may not be contacted under section 54 (Person with impaired decision-making ability to be contacted by public advocate) within 24 hours after being detained under the order;","The first contact under subsection (3) must be within 24 hours after each of the following:","the order includes statements under section 21 (6) about contact with the person under this section"]},{"severity":"high","section_a":"Section 21(8)","section_b":"Sections 54(4) and 54(5)(a)","confidence":0.98,"description":"Section 21(8) permits an interim order to prohibit section 54 contact while the person is detained. Section 54(5)(a) only displaces the 24-hour requirement for a statement under section 21(7), not section 21(8).","source_quotes":["the order may state that the person may not be contacted under section 54 while being detained under the interim order.","The first contact under subsection (3) must be within 24 hours","if the preventative detention order is an interim order—must not take place if the order includes a statement to that effect in the order under section 21 (7);"]},{"severity":"high","section_a":"Section 26(3)","section_b":"Sections 54(4)(b) and 54(5)","confidence":0.98,"description":"Section 26(3) permits an extension order to prohibit section 54 contact within 24 hours after further detention and require later contact. Section 54(4)(b) requires contact within that period, and section 54(5) contains no exception for section 26(3).","source_quotes":["that the person may not be contacted under section 54 (Person with impaired decision-making ability to be contacted by public advocate) within 24 hours after being further detained under the order;","that the person must be contacted under section 54 after the end of the 24-hour period within a period stated in the order.","the person is further detained under an extension, or further extension, of the preventative detention order."]},{"severity":"high","section_a":"Section 23(4)","section_b":"Sections 54(4)(b) and 54(5)","confidence":0.96,"description":"Section 23(4) permits an interim-order extension to prohibit section 54 contact while the person is further detained. Section 54(4)(b) requires first contact within 24 hours after further detention, and section 54(5) contains no exception for section 23(4).","source_quotes":["the extension, or further extension, may state that the person may not be contacted under section 54 (Person with impaired decision-making ability to be contacted by public advocate) while being further detained under the interim order.","The first contact under subsection (3) must be within 24 hours after each of the following:","the person is further detained under an extension, or further extension, of the preventative detention order."]}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended repeatedly since 2006 (see Endnotes: legislation and amendment history). Notable scope changes added or clarified contact rights and diplomatic notification (s 50A inserted by A2022‑16), procedures for recording injury (s 59A ins A2022‑16), expanded monitoring and PIM roles (ss 56, 62 amendments), and adjustments to detention/authorisation mechanics and expiry provisions (see ss 21, 68, 76, 100–101 and Endnotes 3–4). These amendments alter operational detail and safeguards but leave the core powers (preventative detention and special powers authorisations) intact."},"complexity_factors":["Multiple parallel regimes and thresholds: preventative detention (Part 2) and special powers authorisations (Part 3) each have distinct application, duration and extension rules creating procedural complexity (see ss 8, 16–18, 21, 64–77).","Judicial gatekeeping with different courts and mandatory information requirements: applications must be to the Supreme Court (or Magistrates Court for some authorisations) with sworn information and the court may require further material (see ss 16(1), 64(1), 71(1), 19, 67, 74).","Layered decision‑makers and approvals: senior police officers and the chief police officer perform separate roles (apply, approve, nominate) and some actions require the Chief Minister’s written approval (see ss 16(1)–(2), 36(1)–(3), 64(2)(c), 71(2)(c), 97).","Tight, differing time limits that constrain operational choices: interim detention hearings within 24 hours and different maximum authorisation periods (preventative authorisations up to 7 days; investigative authorisations up to 24 hours) demand rapid coordination (see ss 20(6), 21(2)–(3), 68(2), 76(2)).","Significant discretion with 'reasonable grounds' tests across many powers: detain, search, require details, cordon, seize and monitor communications each require reasonable grounds, producing case‑by‑case judgment calls and evidentiary burdens (see ss 16(3), 35, 38(1), 79–85, 56(2)).","Detailed contact, legal assistance and monitoring rules: layered rights to contact family, lawyers, human rights bodies, plus rules permitting monitoring of some contacts and lawyer monitoring directions with PIM consultation add procedural safeguards and operational burdens (see ss 50–56, 62, 56(2)–(4)).","Safeguards and special treatment rules for vulnerable people: children and people with impaired decision‑making ability have bespoke procedures and additional judicial or advocate involvement (see ss 11, 17(2), 21(6)–(9), 53–54).","Extensive recordkeeping, reporting and oversight obligations: records retention (7 years), reports to the Minister and annual reporting requirements create administrative and compliance loads (see ss 92, 95, 98).","Interplay with other Commonwealth/State laws and extraterritorial reach: references to corresponding laws and extraterritorial application require cross‑jurisdictional awareness (see ss 9, 6(3), 7).","Operational constraints and human‑rights provisions: required detention arrangements, humane treatment, training and inadmissibility of torture‑derived evidence embed rights considerations that influence police procedures (see ss 43, 48, 93, 96)."],"plain_english_summary":"This Act gives ACT police temporary, extraordinary powers to prevent or investigate terrorist acts: it allows court‑authorised preventative detention (up to 14 days in total, with short interim holds) and court‑authorised special powers (searches, cordons, seizures, vehicle moves) for defined emergencies. It directly affects police, courts, detained people, lawyers and oversight bodies and matters for the Territory’s budget (compensation, facilities). The Act builds judicial authorisation and procedural safeguards into otherwise time‑limited emergency responses."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":705},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing extraordinary temporary counter-terrorism powers with appropriate safeguards. The 2022 amendments added specific protections for people with impaired decision-making ability and foreign nationals (diplomatic contact rights), and enhanced recording requirements for injuries — these represent refinement of safeguards rather than scope expansion. The 2025 amendment was purely technical (regulation-making power). The Act continues to expire in 2027 as originally intended."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and sections (e.g., s 9 definitions used throughout Part 2)","Multiple nested conditions and exceptions (e.g., s 12 restrictions on multiple orders with 5 subsections and 2 exceptions)","Detailed procedural requirements for applications (s 17 has 7 subsections with up to 6 sub-paragraphs each)","Parallel structures for preventative vs investigative authorisations requiring careful comparison","Schedule 1 imposes additional layered rules for searches with gender, privacy and dignity considerations","Temporal calculations involving hours-not-days (s 21(3), s 26(2))","Multiple oversight bodies with different roles (PIM, public advocate, human rights commissioner, ombudsman)","Conditional contact rights varying by detainee status (impaired decision-making ability, foreign nationals, children)","Sunset clause and review mechanisms creating time-bound operational constraints"],"plain_english_summary":"This Act grants police temporary, court‑approved powers to detain without charge and use exceptional search, seizure and cordon measures as a last resort to prevent or preserve evidence of terrorist acts. It affects people reasonably suspected of involvement in serious politically, religiously or ideologically motivated violence, with normal protest and industrial action excluded. \n\nIt matters because it authorises unusually intrusive limits on liberty and rights while embedding judicial oversight, legal safeguards and a sunset review to balance security and the rule of law."}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006","history":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006/history","analysis":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006/analysis","conflicts":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006/conflicts","importantCases":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006/important-cases","documents":"/api/acts/terrorism-extraordinary-temporary-powers-act-2006/documents"}}