{"id":"qld:act-2005-073","name":"Terrorism (Preventative Detention) Act 2005","slug":"terrorism-preventative-detention-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"73 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30397,"registerId":"qld-act-2005-073-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Terrorism (Preventative Detention) Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object","content":"### sec.3 Object\n\nThe object of this Act is to allow a person to be taken into custody and detained for a short period of time in order to—\nprevent a terrorist act that is capable of being carried out, and could occur, in the near future from occurring; or\npreserve evidence of, or relating to, a recent terrorist act.\nSection 53 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.\ns 3 amd 2017 No. 30 s 44\n- (a) prevent a terrorist act that is capable of being carried out, and could occur, in the near future from occurring; or\n- (b) preserve evidence of, or relating to, a recent terrorist act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State, and so far as the legislative power of the Parliament permits, the other States and the Commonwealth.\nNothing in this Act makes a State or the Commonwealth liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State, and so far as the legislative power of the Parliament permits, the other States and the Commonwealth.\n(sec.5-ssec.2) Nothing in this Act makes a State or the Commonwealth liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.6 Extraterritorial application of Act\n\nThis Act applies—\nwithin Queensland; and\nin the adjacent area for Queensland.\nThe powers and functions conferred under this Act in relation to a terrorist act or suspected terrorist act may be exercised whether the terrorist act or suspected terrorist act has been, is being, or is likely to be committed in Queensland or outside Queensland.\nIn this section—\nadjacent area , for Queensland, has the meaning given under the Crimes at Sea Act 2001 , schedule, clause 14.\ns 6 sub 2015 No. 27 s 11\n(sec.6-ssec.1) This Act applies— within Queensland; and in the adjacent area for Queensland.\n(sec.6-ssec.2) The powers and functions conferred under this Act in relation to a terrorist act or suspected terrorist act may be exercised whether the terrorist act or suspected terrorist act has been, is being, or is likely to be committed in Queensland or outside Queensland.\n(sec.6-ssec.3) In this section— adjacent area , for Queensland, has the meaning given under the Crimes at Sea Act 2001 , schedule, clause 14.\n- (a) within Queensland; and\n- (b) in the adjacent area for Queensland.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Issuing authority","content":"### sec.7 Issuing authority\n\nThe issuing authority for an initial order is a senior police officer.\nThe issuing authority for a final order is—\na judge; or\na retired judge;\nin either case appointed by the Minister under subsection (4) .\nFor an application to the issuing authority to extend, or further extend, or to revoke, a preventative detention order, the issuing authority is—\nfor an initial order—the senior police officer who made the order or another senior police officer; or\nfor a final order—the judge or retired judge who made the order or another judge or retired judge holding an appointment under subsection (4) .\nThe Minister may appoint 1 or more judges or retired judges to be the issuing authority for final orders.\nA judge or retired judge can not perform a function as the issuing authority unless—\nthe judge or retired judge has consented in writing to performing the function; and\nthe consent is in force.\nA senior police officer can not delegate a power to make orders under this Act other than to another senior police officer.\n(sec.7-ssec.1) The issuing authority for an initial order is a senior police officer.\n(sec.7-ssec.2) The issuing authority for a final order is— a judge; or a retired judge; in either case appointed by the Minister under subsection (4) .\n(sec.7-ssec.3) For an application to the issuing authority to extend, or further extend, or to revoke, a preventative detention order, the issuing authority is— for an initial order—the senior police officer who made the order or another senior police officer; or for a final order—the judge or retired judge who made the order or another judge or retired judge holding an appointment under subsection (4) .\n(sec.7-ssec.4) The Minister may appoint 1 or more judges or retired judges to be the issuing authority for final orders.\n(sec.7-ssec.5) A judge or retired judge can not perform a function as the issuing authority unless— the judge or retired judge has consented in writing to performing the function; and the consent is in force.\n(sec.7-ssec.6) A senior police officer can not delegate a power to make orders under this Act other than to another senior police officer.\n- (a) a judge; or\n- (b) a retired judge;\n- (a) for an initial order—the senior police officer who made the order or another senior police officer; or\n- (b) for a final order—the judge or retired judge who made the order or another judge or retired judge holding an appointment under subsection (4) .\n- (a) the judge or retired judge has consented in writing to performing the function; and\n- (b) the consent is in force.","sortOrder":7},{"sectionNumber":"sec.7A","sectionType":"section","heading":null,"content":"### Section sec.7A\n\ns 7A ins 2007 No. 34 s 19\nom 2009 No. 13 s 213 sch 5","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Preventative detention orders","content":"# Preventative detention orders","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Basis for applying for, and making, a preventative detention order","content":"### sec.8 Basis for applying for, and making, a preventative detention order\n\nA police officer may apply for a preventative detention order for a person only if the police officer meets the requirements of subsection (3) or (5) .\nThe issuing authority may make a preventative detention order for a person only if the issuing authority meets the requirements of subsection (3) or (5) .\nThe police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied—\nthere are reasonable grounds to suspect that the person—\nwill engage in a terrorist act; or\npossesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\nhas done an act in preparation for, or in planning, a terrorist act; and\nmaking the order would substantially assist in preventing a terrorist act occurring; and\ndetaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.\nFor subsection (3) , the police officer or issuing authority must be satisfied there are reasonable grounds to suspect a terrorist act is capable of being carried out, and could occur, within the next 14 days.\nAlso, the police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied on reasonable grounds—\na terrorist act has occurred within the last 28 days; and\nit is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and\ndetaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.\nThe issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests about the facts and other grounds on which the police officer making the application considers the order should be made.\ns 8 amd 2017 No. 30 s 45\n(sec.8-ssec.1) A police officer may apply for a preventative detention order for a person only if the police officer meets the requirements of subsection (3) or (5) .\n(sec.8-ssec.2) The issuing authority may make a preventative detention order for a person only if the issuing authority meets the requirements of subsection (3) or (5) .\n(sec.8-ssec.3) The police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied— there are reasonable grounds to suspect that the person— will engage in a terrorist act; or possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or has done an act in preparation for, or in planning, a terrorist act; and making the order would substantially assist in preventing a terrorist act occurring; and detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.\n(sec.8-ssec.4) For subsection (3) , the police officer or issuing authority must be satisfied there are reasonable grounds to suspect a terrorist act is capable of being carried out, and could occur, within the next 14 days.\n(sec.8-ssec.5) Also, the police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied on reasonable grounds— a terrorist act has occurred within the last 28 days; and it is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.\n(sec.8-ssec.6) The issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests about the facts and other grounds on which the police officer making the application considers the order should be made.\n- (a) there are reasonable grounds to suspect that the person— (i) will engage in a terrorist act; or (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (iii) has done an act in preparation for, or in planning, a terrorist act; and\n- (i) will engage in a terrorist act; or\n- (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n- (iii) has done an act in preparation for, or in planning, a terrorist act; and\n- (b) making the order would substantially assist in preventing a terrorist act occurring; and\n- (c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.\n- (i) will engage in a terrorist act; or\n- (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n- (iii) has done an act in preparation for, or in planning, a terrorist act; and\n- (a) a terrorist act has occurred within the last 28 days; and\n- (b) it is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and\n- (c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"No preventative detention order for person under 16 years of age","content":"### sec.9 No preventative detention order for person under 16 years of age\n\nA preventive detention order can not be applied for, or made, for a person who is under 16 years of age.\nIf—\na person is being detained under a preventative detention order or a purported preventative detention order; and\nthe police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;\nthe police officer must release the person, as soon as practicable, from detention under the order or purported order.\n(sec.9-ssec.1) A preventive detention order can not be applied for, or made, for a person who is under 16 years of age.\n(sec.9-ssec.2) If— a person is being detained under a preventative detention order or a purported preventative detention order; and the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age; the police officer must release the person, as soon as practicable, from detention under the order or purported order.\n- (a) a person is being detained under a preventative detention order or a purported preventative detention order; and\n- (b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Multiple preventative detention orders","content":"### sec.10 Multiple preventative detention orders\n\nSubject to sections 11 and 12 , any number of preventative detention orders of any type may be made for a person.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Restrictions on subject matter of multiple preventative detention orders","content":"### sec.11 Restrictions on subject matter of multiple preventative detention orders\n\nNothing in subsections (2) to (4) prevents the making of—\na final order for a person for a terrorist act following the making of an initial order for the person for the same terrorist act; or\nan order extending, or further extending, an existing preventative detention order; or\nany order following the making of an order for a person’s detention under a corresponding law of the Commonwealth.\nIf—\na preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\nthe person is taken into custody under the order;\na preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing the same terrorist act occurring within that period.\nIt will be possible to apply for, and make, another preventative detention order for the person on the basis of preserving evidence of, or relating to, the terrorist act if it occurs.\nIf—\na preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\nthe person is taken into custody under the order;\na preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available to be put before the issuing authority only after the order mentioned in paragraph (a) was made.\nIf—\na preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of preserving evidence of, or relating to, a terrorist act; and\nthe person is taken into custody under the order;\na preventative detention order can not be applied for, or made, under this Act for the person on the basis of preserving evidence of, or relating to, the same terrorist act.\n(sec.11-ssec.1) Nothing in subsections (2) to (4) prevents the making of— a final order for a person for a terrorist act following the making of an initial order for the person for the same terrorist act; or an order extending, or further extending, an existing preventative detention order; or any order following the making of an order for a person’s detention under a corresponding law of the Commonwealth.\n(sec.11-ssec.2) If— a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and the person is taken into custody under the order; a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing the same terrorist act occurring within that period. It will be possible to apply for, and make, another preventative detention order for the person on the basis of preserving evidence of, or relating to, the terrorist act if it occurs.\n(sec.11-ssec.3) If— a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and the person is taken into custody under the order; a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available to be put before the issuing authority only after the order mentioned in paragraph (a) was made.\n(sec.11-ssec.4) If— a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of preserving evidence of, or relating to, a terrorist act; and the person is taken into custody under the order; a preventative detention order can not be applied for, or made, under this Act for the person on the basis of preserving evidence of, or relating to, the same terrorist act.\n- (a) a final order for a person for a terrorist act following the making of an initial order for the person for the same terrorist act; or\n- (b) an order extending, or further extending, an existing preventative detention order; or\n- (c) any order following the making of an order for a person’s detention under a corresponding law of the Commonwealth.\n- (a) a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n- (b) the person is taken into custody under the order;\n- (a) a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n- (b) the person is taken into custody under the order;\n- (a) a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of preserving evidence of, or relating to, a terrorist act; and\n- (b) the person is taken into custody under the order;","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Restrictions on period of detention under multiple preventative detention orders","content":"### sec.12 Restrictions on period of detention under multiple preventative detention orders\n\nThe prescribed 24 hour period , for an initial order, is the period that ensures that in no case can a person be detained under the initial order longer than 24 hours after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.\nThe prescribed 14 day period , for a final order, is the period that ensures that in no case can a person be detained under the final order longer than 14 days after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.\nIf, because of the application of subsection (1) or (2) , a period is nil for a particular order, the order can not be made.\n(sec.12-ssec.1) The prescribed 24 hour period , for an initial order, is the period that ensures that in no case can a person be detained under the initial order longer than 24 hours after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.\n(sec.12-ssec.2) The prescribed 14 day period , for a final order, is the period that ensures that in no case can a person be detained under the final order longer than 14 days after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.\n(sec.12-ssec.3) If, because of the application of subsection (1) or (2) , a period is nil for a particular order, the order can not be made.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Presence or absence at application for order of detainee and other persons","content":"### sec.13 Presence or absence at application for order of detainee and other persons\n\nThis section applies in relation to an application for a preventative detention order or the extension, or further extension, of a preventative detention order for a person (an application and the detainee ).\nUnless expressly provided for in relation to an application, the detainee, or a representative of the detainee, is not entitled to be given notice of the application, to be present at the application or to make representations in relation to the application.\nSubject to subsection (2) , no person other than the following persons may be present at an application—\nthe issuing authority and anyone assisting the issuing authority;\nthe applicant and any person assisting the applicant in the application;\nif the detainee is permitted to be at the application under another provision of this Act—the detainee and any person assisting the detainee in the application;\nthe PIM, if section 14 applies.\nDespite subsection (3) , the issuing authority, in the public interest, may further limit or extend those who may be present at a particular application.\ns 13 amd 2007 No. 34 s 20\n(sec.13-ssec.1) This section applies in relation to an application for a preventative detention order or the extension, or further extension, of a preventative detention order for a person (an application and the detainee ).\n(sec.13-ssec.2) Unless expressly provided for in relation to an application, the detainee, or a representative of the detainee, is not entitled to be given notice of the application, to be present at the application or to make representations in relation to the application.\n(sec.13-ssec.3) Subject to subsection (2) , no person other than the following persons may be present at an application— the issuing authority and anyone assisting the issuing authority; the applicant and any person assisting the applicant in the application; if the detainee is permitted to be at the application under another provision of this Act—the detainee and any person assisting the detainee in the application; the PIM, if section 14 applies.\n(sec.13-ssec.4) Despite subsection (3) , the issuing authority, in the public interest, may further limit or extend those who may be present at a particular application.\n- (a) the issuing authority and anyone assisting the issuing authority;\n- (b) the applicant and any person assisting the applicant in the application;\n- (c) if the detainee is permitted to be at the application under another provision of this Act—the detainee and any person assisting the detainee in the application;\n- (d) the PIM, if section 14 applies.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"General provisions that apply if the PIM must be notified about an application to the issuing authority","content":"### sec.14 General provisions that apply if the PIM must be notified about an application to the issuing authority\n\nThis section applies to an application to the issuing authority about which the PIM is required to be notified.\nThe applicant must give the PIM—\na copy of the application; and\nnotice of the place, date and time the application will be heard.\nHowever, subsection (2) (a) does not apply if—\nthe application is for an initial order; and\nbecause section 79 (4) (a) or 79A (2) applies to the applicant, the applicant does not prepare the written application required under section 15 .\nThe PIM is entitled to be present when the application is heard, to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\nWithout limiting subsection (4) , the PIM is entitled to make representations to the issuing authority in the issuing authority’s presence or by phone, fax, email or any other reasonable way.\ns 14 amd 2007 No. 34 s 18 sch ; 2016 No. 42 s 60\n(sec.14-ssec.1) This section applies to an application to the issuing authority about which the PIM is required to be notified.\n(sec.14-ssec.2) The applicant must give the PIM— a copy of the application; and notice of the place, date and time the application will be heard.\n(sec.14-ssec.3) However, subsection (2) (a) does not apply if— the application is for an initial order; and because section 79 (4) (a) or 79A (2) applies to the applicant, the applicant does not prepare the written application required under section 15 .\n(sec.14-ssec.4) The PIM is entitled to be present when the application is heard, to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\n(sec.14-ssec.5) Without limiting subsection (4) , the PIM is entitled to make representations to the issuing authority in the issuing authority’s presence or by phone, fax, email or any other reasonable way.\n- (a) a copy of the application; and\n- (b) notice of the place, date and time the application will be heard.\n- (a) the application is for an initial order; and\n- (b) because section 79 (4) (a) or 79A (2) applies to the applicant, the applicant does not prepare the written application required under section 15 .","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Initial orders","content":"## Initial orders","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application for initial order","content":"### sec.15 Application for initial order\n\nA police officer may apply to the issuing authority for a preventative detention order under section 17 for a person in relation to a terrorist act (an initial order ).\nThe application must be in writing and state—\nthe facts and other grounds on which the applicant considers the order should be made; and\nthe period for which the person is to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained for that period; and\nany information that the applicant may have about the person’s age; and\nthe outcomes and particulars of all previous applications for preventative detention orders made for the person; and\nany information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and\nany information that the applicant may have about any Commonwealth control order made for the person; and\nfor any children who may reside with or be associated with the person—\nthe inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\nif children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the initial order to protect the interests of the children.\nAlso, if the person is a child or of impaired capacity, the application must state—\nwhether the person may be contacted under section 61 while detained under the order; and\nif the person should not be contacted under section 61 because the contact would seriously prejudice national security—the grounds for preventing the contact.\nIf section 11 (3) applies to the application, the application must identify the information mentioned in the subsection on which the application is based.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\nSee the Criminal Code , chapters 16 and 20, for relevant offences.\nThis section is subject to sections 79 and 79A .\ns 15 amd 2007 No. 34 s 18 sch ; 2016 No. 42 s 61\n(sec.15-ssec.1) A police officer may apply to the issuing authority for a preventative detention order under section 17 for a person in relation to a terrorist act (an initial order ).\n(sec.15-ssec.2) The application must be in writing and state— the facts and other grounds on which the applicant considers the order should be made; and the period for which the person is to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained for that period; and any information that the applicant may have about the person’s age; and the outcomes and particulars of all previous applications for preventative detention orders made for the person; and any information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and any information that the applicant may have about any Commonwealth control order made for the person; and for any children who may reside with or be associated with the person— the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the initial order to protect the interests of the children.\n(sec.15-ssec.3) Also, if the person is a child or of impaired capacity, the application must state— whether the person may be contacted under section 61 while detained under the order; and if the person should not be contacted under section 61 because the contact would seriously prejudice national security—the grounds for preventing the contact.\n(sec.15-ssec.4) If section 11 (3) applies to the application, the application must identify the information mentioned in the subsection on which the application is based.\n(sec.15-ssec.5) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order. See the Criminal Code , chapters 16 and 20, for relevant offences.\n(sec.15-ssec.6) This section is subject to sections 79 and 79A .\n- (a) the facts and other grounds on which the applicant considers the order should be made; and\n- (b) the period for which the person is to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained for that period; and\n- (c) any information that the applicant may have about the person’s age; and\n- (d) the outcomes and particulars of all previous applications for preventative detention orders made for the person; and\n- (e) any information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and\n- (f) any information that the applicant may have about any Commonwealth control order made for the person; and\n- (g) for any children who may reside with or be associated with the person— (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the initial order to protect the interests of the children.\n- (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\n- (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the initial order to protect the interests of the children.\n- (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\n- (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the initial order to protect the interests of the children.\n- (a) whether the person may be contacted under section 61 while detained under the order; and\n- (b) if the person should not be contacted under section 61 because the contact would seriously prejudice national security—the grounds for preventing the contact.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"PIM must be notified","content":"### sec.16 PIM must be notified\n\nThe applicant must notify the PIM of the application under arrangements decided by the PIM.\nIf the PIM is not reasonably able to be contacted for the application—\nthe application may proceed without the PIM being notified; and\nthe PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application.\nThe public interest monitor and any deputy public interest monitor are telephoned but do not answer the phone or return calls when asked to call back.\n(sec.16-ssec.1) The applicant must notify the PIM of the application under arrangements decided by the PIM.\n(sec.16-ssec.2) If the PIM is not reasonably able to be contacted for the application— the application may proceed without the PIM being notified; and the PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application. The public interest monitor and any deputy public interest monitor are telephoned but do not answer the phone or return calls when asked to call back.\n- (a) the application may proceed without the PIM being notified; and\n- (b) the PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Issuing authority may make initial order","content":"### sec.17 Issuing authority may make initial order\n\nOn application by the police officer, the issuing authority may make an initial order under this section for the person.\nSubsection (1) has effect subject to the following sections—\nsection 8 (Basis for applying for, and making, a preventative detention order)\nsection 9 (No preventative detention order for person under 16 years of age)\nsection 11 (Restrictions on subject matter of multiple preventative detention orders)\nsection 12 (Restrictions on period of detention under multiple preventative detention orders).\nAn initial order is an order that the person may be—\ntaken into custody; and\ndetained during the period that—\nstarts at the later of the following—\nwhen the order is made;\nif another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\nends a stated period of time after the person is first taken into custody under the order.\nThe order—\nmust be in writing; and\nmay include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (6) (a) (ii) , to identify the person for whom the order is made.\nThe period of time stated in the order under subsection (3) (b) (ii) must not be more than the prescribed 24 hour period.\nAn initial order must state—\n1 or more of the following—\nthe name of the person for whom the order is made;\nif the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made—\npart of the person’s name;\nan alias or nickname of the person;\na physical description of the person;\nif the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\nthe period during which the person may be detained under the order; and\nthe date on which, and the time at which, the order is made; and\nthe date and time after which the person may not be taken into custody under the order.\nIf the person is—\na child; or\nof impaired capacity;\nthe order may provide that the period each day for which the person is entitled to have contact with another person under section 60 (2) is the period of more than 2 hours that is stated in the order.\nAlso, if the person is a child or of impaired capacity, the order may state that the person may not be contacted under section 61 while being detained under the order.\nThe only basis for a decision under subsection (8) is that preventing the contact is necessary because the contact would seriously prejudice national security.\ns 17 amd 2016 No. 42 s 62\n(sec.17-ssec.1) On application by the police officer, the issuing authority may make an initial order under this section for the person.\n(sec.17-ssec.2) Subsection (1) has effect subject to the following sections— section 8 (Basis for applying for, and making, a preventative detention order) section 9 (No preventative detention order for person under 16 years of age) section 11 (Restrictions on subject matter of multiple preventative detention orders) section 12 (Restrictions on period of detention under multiple preventative detention orders).\n(sec.17-ssec.3) An initial order is an order that the person may be— taken into custody; and detained during the period that— starts at the later of the following— when the order is made; if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and ends a stated period of time after the person is first taken into custody under the order.\n(sec.17-ssec.4) The order— must be in writing; and may include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (6) (a) (ii) , to identify the person for whom the order is made.\n(sec.17-ssec.5) The period of time stated in the order under subsection (3) (b) (ii) must not be more than the prescribed 24 hour period.\n(sec.17-ssec.6) An initial order must state— 1 or more of the following— the name of the person for whom the order is made; if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— part of the person’s name; an alias or nickname of the person; a physical description of the person; if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and the period during which the person may be detained under the order; and the date on which, and the time at which, the order is made; and the date and time after which the person may not be taken into custody under the order.\n(sec.17-ssec.7) If the person is— a child; or of impaired capacity; the order may provide that the period each day for which the person is entitled to have contact with another person under section 60 (2) is the period of more than 2 hours that is stated in the order.\n(sec.17-ssec.8) Also, if the person is a child or of impaired capacity, the order may state that the person may not be contacted under section 61 while being detained under the order.\n(sec.17-ssec.9) The only basis for a decision under subsection (8) is that preventing the contact is necessary because the contact would seriously prejudice national security.\n- • section 8 (Basis for applying for, and making, a preventative detention order)\n- • section 9 (No preventative detention order for person under 16 years of age)\n- • section 11 (Restrictions on subject matter of multiple preventative detention orders)\n- • section 12 (Restrictions on period of detention under multiple preventative detention orders).\n- (a) taken into custody; and\n- (b) detained during the period that— (i) starts at the later of the following— (A) when the order is made; (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and (ii) ends a stated period of time after the person is first taken into custody under the order.\n- (i) starts at the later of the following— (A) when the order is made; (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (A) when the order is made;\n- (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (ii) ends a stated period of time after the person is first taken into custody under the order.\n- (i) starts at the later of the following— (A) when the order is made; (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (A) when the order is made;\n- (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (ii) ends a stated period of time after the person is first taken into custody under the order.\n- (A) when the order is made;\n- (B) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (a) must be in writing; and\n- (b) may include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (6) (a) (ii) , to identify the person for whom the order is made.\n- (a) 1 or more of the following— (i) the name of the person for whom the order is made; (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person; (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (i) the name of the person for whom the order is made;\n- (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person;\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (b) the period during which the person may be detained under the order; and\n- (c) the date on which, and the time at which, the order is made; and\n- (d) the date and time after which the person may not be taken into custody under the order.\n- (i) the name of the person for whom the order is made;\n- (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person;\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (a) a child; or\n- (b) of impaired capacity;","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Duration of initial order","content":"### sec.18 Duration of initial order\n\nAn initial order for a person starts to have effect when it is made.\nThe order comes into force when it is made and authorises the person to be taken into custody (see section 17 (3) (a) ). The period for which the person may then be detained under the order only starts to run when the person is first taken into custody under the order (see section 17 (3) (b) (i) ).\nAn initial order for the person ceases to have effect at the end of the period of 72 hours after the order is made if the person has not been taken into custody under the order within that period.\nIf the person is taken into custody under the order within 72 hours after the order is made, the order ceases to have effect when whichever of the following first occurs—\nthe end of—\nthe period stated in the order as the period during which the person may be detained under the order; or\nif that period is extended or further extended under section 21 —that period as extended or further extended;\nthe revocation of the order under division 5 .\nThe order does not cease to have effect merely because the person is released from detention under the order.\n(sec.18-ssec.1) An initial order for a person starts to have effect when it is made. The order comes into force when it is made and authorises the person to be taken into custody (see section 17 (3) (a) ). The period for which the person may then be detained under the order only starts to run when the person is first taken into custody under the order (see section 17 (3) (b) (i) ).\n(sec.18-ssec.2) An initial order for the person ceases to have effect at the end of the period of 72 hours after the order is made if the person has not been taken into custody under the order within that period.\n(sec.18-ssec.3) If the person is taken into custody under the order within 72 hours after the order is made, the order ceases to have effect when whichever of the following first occurs— the end of— the period stated in the order as the period during which the person may be detained under the order; or if that period is extended or further extended under section 21 —that period as extended or further extended; the revocation of the order under division 5 . The order does not cease to have effect merely because the person is released from detention under the order.\n- (a) the end of— (i) the period stated in the order as the period during which the person may be detained under the order; or (ii) if that period is extended or further extended under section 21 —that period as extended or further extended;\n- (i) the period stated in the order as the period during which the person may be detained under the order; or\n- (ii) if that period is extended or further extended under section 21 —that period as extended or further extended;\n- (b) the revocation of the order under division 5 .\n- (i) the period stated in the order as the period during which the person may be detained under the order; or\n- (ii) if that period is extended or further extended under section 21 —that period as extended or further extended;","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application for extension of initial order","content":"### sec.19 Application for extension of initial order\n\nIf—\nan initial order is made for a person; and\nthe order is in force for the person;\na police officer may apply to the issuing authority for an extension, or a further extension, of the period for which the order is to be in force for the person.\nThe application must be in writing and state—\nthe facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and\nSee section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\nthe outcomes and particulars of all previous applications for extensions, or further extensions, of the order.\nAlso, if the person is a child or of impaired capacity, the application must state—\nwhether the person may be contacted under section 61 while being further detained under the order; and\nif the person should not be contacted under section 61 while being further detained under the order because the contact would seriously prejudice national security—the grounds for preventing the contact.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n(sec.19-ssec.1) If— an initial order is made for a person; and the order is in force for the person; a police officer may apply to the issuing authority for an extension, or a further extension, of the period for which the order is to be in force for the person.\n(sec.19-ssec.2) The application must be in writing and state— the facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and See section 8 (3) and (5) for the purpose for which a preventative detention order may be made. the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.\n(sec.19-ssec.3) Also, if the person is a child or of impaired capacity, the application must state— whether the person may be contacted under section 61 while being further detained under the order; and if the person should not be contacted under section 61 while being further detained under the order because the contact would seriously prejudice national security—the grounds for preventing the contact.\n(sec.19-ssec.4) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n- (a) an initial order is made for a person; and\n- (b) the order is in force for the person;\n- (a) the facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and Note— See section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\n- (b) the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.\n- (a) whether the person may be contacted under section 61 while being further detained under the order; and\n- (b) if the person should not be contacted under section 61 while being further detained under the order because the contact would seriously prejudice national security—the grounds for preventing the contact.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"PIM must be notified","content":"### sec.20 PIM must be notified\n\nThe applicant must notify the PIM of the application under arrangements decided by the PIM.\nIf the PIM is not reasonably able to be contacted for the application—\nthe application may proceed without the PIM being notified; and\nthe PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application.\nThe public interest monitor and any deputy public interest monitor are telephoned but do not answer the phone or return calls when asked to call back.\n(sec.20-ssec.1) The applicant must notify the PIM of the application under arrangements decided by the PIM.\n(sec.20-ssec.2) If the PIM is not reasonably able to be contacted for the application— the application may proceed without the PIM being notified; and the PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application. The public interest monitor and any deputy public interest monitor are telephoned but do not answer the phone or return calls when asked to call back.\n- (a) the application may proceed without the PIM being notified; and\n- (b) the PIM must be notified as soon as possible and given any information requested by the PIM that the PIM would have been entitled to obtain for or during the application.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Issuing authority may extend initial order","content":"### sec.21 Issuing authority may extend initial order\n\nThe issuing authority may extend, or further extend, the period for which the order is to be in force for the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.\nThe extension, or further extension, must be made in writing as an order.\nThe period as extended, or further extended, must end no later than the prescribed 24 hour period after the person is first taken into custody under the order.\nAlso, if the person is a child or of impaired capacity, the extension, or further extension, may state that the person may not be contacted under section 61 while being further detained under the order.\nThe only basis for a decision under subsection (4) is that preventing the contact is necessary because the contact would seriously prejudice national security.\n(sec.21-ssec.1) The issuing authority may extend, or further extend, the period for which the order is to be in force for the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.\n(sec.21-ssec.2) The extension, or further extension, must be made in writing as an order.\n(sec.21-ssec.3) The period as extended, or further extended, must end no later than the prescribed 24 hour period after the person is first taken into custody under the order.\n(sec.21-ssec.4) Also, if the person is a child or of impaired capacity, the extension, or further extension, may state that the person may not be contacted under section 61 while being further detained under the order.\n(sec.21-ssec.5) The only basis for a decision under subsection (4) is that preventing the contact is necessary because the contact would seriously prejudice national security.","sortOrder":25},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Final orders","content":"## Final orders","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application for final order","content":"### sec.22 Application for final order\n\nA police officer may apply to the issuing authority for a preventative detention order under section 25 for a person in relation to a terrorist act (a final order ).\nThe application must be in writing, be sworn and state—\nthe facts and other grounds on which the applicant considers that the order should be made; and\nthe period for which the person is to be detained or continue to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained or continue to be detained for that period; and\nany information the applicant may have about the person’s age; and\nthe outcomes and particulars of all previous applications for preventative detention orders made for the person; and\nany information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and\nany information that the applicant may have about any Commonwealth control order made for the person; and\nfor any children who may reside with or be associated with the person—\nthe inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\nif children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and\nif the person is in detention under an existing preventative detention order or an order for the person’s detention under a corresponding law—the extent to which the person has been informed of the matters covered by section 47 (2) (c) to (h) .\nAlso, if the person is a child or of impaired capacity, the application must state—\nwhether the person may be contacted under section 61 within 24 hours of being taken into custody under the order; and\nif the person should not be contacted under section 61 within 24 hours of being taken into custody under the order because the contact would seriously prejudice national security—\nthe grounds for preventing the contact; and\nthe period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\nIf section 11 (3) applies to the application, the application must identify the information mentioned in the subsection on which the application is based.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\nSee the Criminal Code , chapters 16 and 20 , for relevant offences.\ns 22 amd 2007 No. 34 s 18 sch\n(sec.22-ssec.1) A police officer may apply to the issuing authority for a preventative detention order under section 25 for a person in relation to a terrorist act (a final order ).\n(sec.22-ssec.2) The application must be in writing, be sworn and state— the facts and other grounds on which the applicant considers that the order should be made; and the period for which the person is to be detained or continue to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained or continue to be detained for that period; and any information the applicant may have about the person’s age; and the outcomes and particulars of all previous applications for preventative detention orders made for the person; and any information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and any information that the applicant may have about any Commonwealth control order made for the person; and for any children who may reside with or be associated with the person— the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and if the person is in detention under an existing preventative detention order or an order for the person’s detention under a corresponding law—the extent to which the person has been informed of the matters covered by section 47 (2) (c) to (h) .\n(sec.22-ssec.3) Also, if the person is a child or of impaired capacity, the application must state— whether the person may be contacted under section 61 within 24 hours of being taken into custody under the order; and if the person should not be contacted under section 61 within 24 hours of being taken into custody under the order because the contact would seriously prejudice national security— the grounds for preventing the contact; and the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n(sec.22-ssec.4) If section 11 (3) applies to the application, the application must identify the information mentioned in the subsection on which the application is based.\n(sec.22-ssec.5) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order. See the Criminal Code , chapters 16 and 20 , for relevant offences.\n- (a) the facts and other grounds on which the applicant considers that the order should be made; and\n- (b) the period for which the person is to be detained or continue to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained or continue to be detained for that period; and\n- (c) any information the applicant may have about the person’s age; and\n- (d) the outcomes and particulars of all previous applications for preventative detention orders made for the person; and\n- (e) any information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and\n- (f) any information that the applicant may have about any Commonwealth control order made for the person; and\n- (g) for any children who may reside with or be associated with the person— (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and\n- (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\n- (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and\n- (h) if the person is in detention under an existing preventative detention order or an order for the person’s detention under a corresponding law—the extent to which the person has been informed of the matters covered by section 47 (2) (c) to (h) .\n- (i) the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and\n- (ii) if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and\n- (a) whether the person may be contacted under section 61 within 24 hours of being taken into custody under the order; and\n- (b) if the person should not be contacted under section 61 within 24 hours of being taken into custody under the order because the contact would seriously prejudice national security— (i) the grounds for preventing the contact; and (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n- (i) the grounds for preventing the contact; and\n- (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n- (i) the grounds for preventing the contact; and\n- (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Notice to and representations by the person","content":"### sec.23 Notice to and representations by the person\n\nThe applicant must give the person—\na written summary of the application; and\nnotice of the place, date and time the application will be heard.\nEffectively the only application for a preventative detention order that can be made without notice to the person to whom the application relates is an application for an initial order or an extension of an initial order. Detention under an initial order, including any extension, is limited to a maximum of the prescribed 24 hour period.\nThe person and the person’s lawyer are entitled to be present when the application is heard, either in person or, if the issuing authority directs, by video link.\nThe person and the person’s lawyer are entitled to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\nFor the hearing, the written summary given to the person must also be given to the issuing authority.\nIf the issuing authority is not reasonably satisfied that the written summary fairly and accurately informs the person of the nature and cause of the application, the issuing authority must direct the applicant to provide the person with more information about the application.\nThe applicant is not required to provide under subsection (3B) information that could, if disclosed, reasonably be expected—\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nto prejudice national security.\nSubsection (1) or (3) does not require any information to be disclosed—\nif the disclosure of the information is likely to prejudice national security; or\nif the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\ns 23 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2007 No. 34 s 21\n(sec.23-ssec.1) The applicant must give the person— a written summary of the application; and notice of the place, date and time the application will be heard. Effectively the only application for a preventative detention order that can be made without notice to the person to whom the application relates is an application for an initial order or an extension of an initial order. Detention under an initial order, including any extension, is limited to a maximum of the prescribed 24 hour period.\n(sec.23-ssec.2) The person and the person’s lawyer are entitled to be present when the application is heard, either in person or, if the issuing authority directs, by video link.\n(sec.23-ssec.3) The person and the person’s lawyer are entitled to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\n(sec.23-ssec.3A) For the hearing, the written summary given to the person must also be given to the issuing authority.\n(sec.23-ssec.3B) If the issuing authority is not reasonably satisfied that the written summary fairly and accurately informs the person of the nature and cause of the application, the issuing authority must direct the applicant to provide the person with more information about the application.\n(sec.23-ssec.3C) The applicant is not required to provide under subsection (3B) information that could, if disclosed, reasonably be expected— to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or to prejudice national security.\n(sec.23-ssec.4) Subsection (1) or (3) does not require any information to be disclosed— if the disclosure of the information is likely to prejudice national security; or if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\n- (a) a written summary of the application; and\n- (b) notice of the place, date and time the application will be heard.\n- (a) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (b) to prejudice national security.\n- (a) if the disclosure of the information is likely to prejudice national security; or\n- (b) if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"PIM must be notified","content":"### sec.24 PIM must be notified\n\nThe applicant must notify the PIM of the application under arrangements decided by the PIM.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Issuing authority may make final order","content":"### sec.25 Issuing authority may make final order\n\nOn application by the police officer, the issuing authority may make a final order under this section for the person.\nThe order may be made whether or not an application has been made for an initial order for the terrorist act.\nSubsection (1) has effect subject to the following sections—\nsection 8 (Basis for applying for, and making, a preventative detention order)\nsection 9 (No preventative detention order for person under 16 years of age)\nsection 11 (Restrictions on subject matter of multiple preventative detention orders)\nsection 12 (Restrictions on period of detention under multiple preventative detention orders).\nIf a previous preventative detention order has been made, section 8 requires the issuing authority to consider afresh the merits of making the order and to be satisfied, after taking into account relevant information, including any information that has become available since the other order was made, of the matters mentioned in section 8 (3) or (5) before making the order.\nA final order is an order that the person may be taken into custody and detained, or further detained, during a period that—\nstarts at the later of the following—\nwhen the order is made;\nif another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\nends a stated period of time after the person is first taken into custody.\nThe order—\nmust be in writing; and\nmay include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (7) (a) (ii) , to identify the person for whom the order is made.\nThe period of time stated under subsection (4) (b) must not be more than the prescribed 14 day period.\nA final order must state—\n1 or more of the following—\nthe name of the person for whom the order is made;\nif the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made—\npart of the person’s name;\nan alias or nickname of the person;\na physical description of the person;\nif the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\nthe period during which the person may be detained under the order; and\nthe date on which, and the time at which, the order is made.\nIf the person—\nis a child; or\nis of impaired capacity;\nthe order may provide that the period each day for which the person is entitled to have contact with another person under section 60 (2) is the period of more than 2 hours that is stated in the order.\nAlso, if the person is a child or of impaired capacity, the final order may state both of the following—\nthat the person may not be contacted under section 61 within 24 hours after being taken into custody under the order; but\nthat the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.\nThe only basis for making a decision under subsection (9) is that preventing the contact is necessary because the contact would seriously prejudice national security.\nThe issuing authority may also include in the order provision for the person to have contact with a child of the person in addition to the provision for contact under section 56 .\ns 25 amd 2007 No. 34 s 18 sch ; 2016 No. 42 s 63\n(sec.25-ssec.1) On application by the police officer, the issuing authority may make a final order under this section for the person.\n(sec.25-ssec.2) The order may be made whether or not an application has been made for an initial order for the terrorist act.\n(sec.25-ssec.3) Subsection (1) has effect subject to the following sections— section 8 (Basis for applying for, and making, a preventative detention order) section 9 (No preventative detention order for person under 16 years of age) section 11 (Restrictions on subject matter of multiple preventative detention orders) section 12 (Restrictions on period of detention under multiple preventative detention orders). If a previous preventative detention order has been made, section 8 requires the issuing authority to consider afresh the merits of making the order and to be satisfied, after taking into account relevant information, including any information that has become available since the other order was made, of the matters mentioned in section 8 (3) or (5) before making the order.\n(sec.25-ssec.4) A final order is an order that the person may be taken into custody and detained, or further detained, during a period that— starts at the later of the following— when the order is made; if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and ends a stated period of time after the person is first taken into custody.\n(sec.25-ssec.5) The order— must be in writing; and may include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (7) (a) (ii) , to identify the person for whom the order is made.\n(sec.25-ssec.6) The period of time stated under subsection (4) (b) must not be more than the prescribed 14 day period.\n(sec.25-ssec.7) A final order must state— 1 or more of the following— the name of the person for whom the order is made; if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— part of the person’s name; an alias or nickname of the person; a physical description of the person; if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and the period during which the person may be detained under the order; and the date on which, and the time at which, the order is made.\n(sec.25-ssec.8) If the person— is a child; or is of impaired capacity; the order may provide that the period each day for which the person is entitled to have contact with another person under section 60 (2) is the period of more than 2 hours that is stated in the order.\n(sec.25-ssec.9) Also, if the person is a child or of impaired capacity, the final order may state both of the following— that the person may not be contacted under section 61 within 24 hours after being taken into custody under the order; but that the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.\n(sec.25-ssec.10) The only basis for making a decision under subsection (9) is that preventing the contact is necessary because the contact would seriously prejudice national security.\n(sec.25-ssec.11) The issuing authority may also include in the order provision for the person to have contact with a child of the person in addition to the provision for contact under section 56 .\n- • section 8 (Basis for applying for, and making, a preventative detention order)\n- • section 9 (No preventative detention order for person under 16 years of age)\n- • section 11 (Restrictions on subject matter of multiple preventative detention orders)\n- • section 12 (Restrictions on period of detention under multiple preventative detention orders).\n- (a) starts at the later of the following— (i) when the order is made; (ii) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (i) when the order is made;\n- (ii) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (b) ends a stated period of time after the person is first taken into custody.\n- (i) when the order is made;\n- (ii) if another preventative detention order, or an order for the detention of the person under a corresponding law, is in force for the person for the same terrorist act—when the other order ceases to have effect; and\n- (a) must be in writing; and\n- (b) may include, as an attachment, a photo that is sufficient, whether by itself or together with a description mentioned in subsection (7) (a) (ii) , to identify the person for whom the order is made.\n- (a) 1 or more of the following— (i) the name of the person for whom the order is made; (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person; (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (i) the name of the person for whom the order is made;\n- (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person;\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (b) the period during which the person may be detained under the order; and\n- (c) the date on which, and the time at which, the order is made.\n- (i) the name of the person for whom the order is made;\n- (ii) if the applicant does not know the name of the person for whom the order is made—a description, consisting of 1 or more of the following, that is sufficient, whether by itself or together with any photo included in the order as an attachment, to identify the person for whom the order is made— (A) part of the person’s name; (B) an alias or nickname of the person; (C) a physical description of the person;\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (iii) if the order includes, as an attachment, a photo of the person for whom the order is made—that the photo included in the order is a photo of the person for whom the order is made; and\n- (A) part of the person’s name;\n- (B) an alias or nickname of the person;\n- (C) a physical description of the person;\n- (a) is a child; or\n- (b) is of impaired capacity;\n- (a) that the person may not be contacted under section 61 within 24 hours after being taken into custody under the order; but\n- (b) that the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Duration of final order","content":"### sec.26 Duration of final order\n\nA final order for the person starts to have effect when it is made.\nThe order comes into force when it is made. The period for which the person may be detained under the order, however, only starts to run when the period during which the person may be detained under any other preventative detention order, or order for the detention of the person under a corresponding law, ceases to have effect (see section 25 (4) (a) ).\nA final order for the person ceases to have effect when whichever of the following first occurs—\nthe end of—\nthe period stated in the order as the period during which the person may be detained under the order; or\nif that period is extended or further extended under section 31 —that period as extended or further extended;\nthe revocation of the order under division 5 .\nThe order does not cease to have effect merely because the person is released from detention under the order. See section 45 .\n(sec.26-ssec.1) A final order for the person starts to have effect when it is made. The order comes into force when it is made. The period for which the person may be detained under the order, however, only starts to run when the period during which the person may be detained under any other preventative detention order, or order for the detention of the person under a corresponding law, ceases to have effect (see section 25 (4) (a) ).\n(sec.26-ssec.2) A final order for the person ceases to have effect when whichever of the following first occurs— the end of— the period stated in the order as the period during which the person may be detained under the order; or if that period is extended or further extended under section 31 —that period as extended or further extended; the revocation of the order under division 5 . The order does not cease to have effect merely because the person is released from detention under the order. See section 45 .\n- (a) the end of— (i) the period stated in the order as the period during which the person may be detained under the order; or (ii) if that period is extended or further extended under section 31 —that period as extended or further extended;\n- (i) the period stated in the order as the period during which the person may be detained under the order; or\n- (ii) if that period is extended or further extended under section 31 —that period as extended or further extended;\n- (b) the revocation of the order under division 5 .\n- (i) the period stated in the order as the period during which the person may be detained under the order; or\n- (ii) if that period is extended or further extended under section 31 —that period as extended or further extended;","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application for extension of final order","content":"### sec.27 Application for extension of final order\n\nIf a final order is in force for the person, a police officer may apply to the issuing authority for an extension, or a further extension, of the period for which the order is to be in force for the person.\nIf practicable, the application must be made to the issuing authority who made the final order.\ns 27 amd 2007 No. 34 ss 22 , 18 sch\n(sec.27-ssec.1) If a final order is in force for the person, a police officer may apply to the issuing authority for an extension, or a further extension, of the period for which the order is to be in force for the person.\n(sec.27-ssec.2) If practicable, the application must be made to the issuing authority who made the final order.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Further provisions about application for extension of final order","content":"### sec.28 Further provisions about application for extension of final order\n\nThe application must be in writing, be sworn and state—\nthe facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and\nSee section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\nthe outcomes and particulars of all previous applications for extensions, or further extensions, of the final order.\nAlso, if the person is a child or of impaired capacity, the application must state—\nwhether the person may be contacted under section 61 within 24 hours after being further detained under the order; and\nif the person should not be contacted under section 61 within 24 hours of being further detained under the order because the contact would seriously prejudice national security—\nthe grounds for preventing the contact; and\nthe period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n(sec.28-ssec.1) The application must be in writing, be sworn and state— the facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and See section 8 (3) and (5) for the purpose for which a preventative detention order may be made. the outcomes and particulars of all previous applications for extensions, or further extensions, of the final order.\n(sec.28-ssec.2) Also, if the person is a child or of impaired capacity, the application must state— whether the person may be contacted under section 61 within 24 hours after being further detained under the order; and if the person should not be contacted under section 61 within 24 hours of being further detained under the order because the contact would seriously prejudice national security— the grounds for preventing the contact; and the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n(sec.28-ssec.3) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n- (a) the facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and Note— See section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\n- (b) the outcomes and particulars of all previous applications for extensions, or further extensions, of the final order.\n- (a) whether the person may be contacted under section 61 within 24 hours after being further detained under the order; and\n- (b) if the person should not be contacted under section 61 within 24 hours of being further detained under the order because the contact would seriously prejudice national security— (i) the grounds for preventing the contact; and (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n- (i) the grounds for preventing the contact; and\n- (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .\n- (i) the grounds for preventing the contact; and\n- (ii) the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61 .","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice to and representations by the person","content":"### sec.29 Notice to and representations by the person\n\nThe applicant must give the person—\na written summary of the application; and\nnotice of the place, date and time the application will be heard.\nThe person and the person’s lawyer are entitled to be present when the application is heard either in person, or, if the issuing authority directs, by video link.\nThe person and the person’s lawyer are entitled to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\nSubsection (1) or (3) does not require any information to be disclosed—\nif the disclosure of the information is likely to prejudice national security; or\nif the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\ns 29 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss, 84, 86); 2007 No. 34 s 23\n(sec.29-ssec.1) The applicant must give the person— a written summary of the application; and notice of the place, date and time the application will be heard.\n(sec.29-ssec.2) The person and the person’s lawyer are entitled to be present when the application is heard either in person, or, if the issuing authority directs, by video link.\n(sec.29-ssec.3) The person and the person’s lawyer are entitled to ask questions of any person giving information to the issuing authority and to make any representations to the issuing authority.\n(sec.29-ssec.4) Subsection (1) or (3) does not require any information to be disclosed— if the disclosure of the information is likely to prejudice national security; or if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\n- (a) a written summary of the application; and\n- (b) notice of the place, date and time the application will be heard.\n- (a) if the disclosure of the information is likely to prejudice national security; or\n- (b) if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"PIM must be notified","content":"### sec.30 PIM must be notified\n\nThe applicant must notify the PIM of the application under arrangements decided by the PIM.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Issuing authority may extend final order","content":"### sec.31 Issuing authority may extend final order\n\nThe issuing authority may extend, or further extend, the period for which the final order is to be in force for the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.\nThe extension, or further extension, must be made in writing as an order.\nThe period as extended, or further extended, must end no later than the prescribed 14 day period.\nAlso, if the person is a child or of impaired capacity, the extension, or the further extension, may state both of the following—\nthat the person may not be contacted under section 61 within 24 hours after being further detained under the order; but\nthat the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.\nThe only basis for making a decision under subsection (4) is that preventing the contact is necessary because the contact would seriously prejudice national security.\n(sec.31-ssec.1) The issuing authority may extend, or further extend, the period for which the final order is to be in force for the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.\n(sec.31-ssec.2) The extension, or further extension, must be made in writing as an order.\n(sec.31-ssec.3) The period as extended, or further extended, must end no later than the prescribed 14 day period.\n(sec.31-ssec.4) Also, if the person is a child or of impaired capacity, the extension, or the further extension, may state both of the following— that the person may not be contacted under section 61 within 24 hours after being further detained under the order; but that the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.\n(sec.31-ssec.5) The only basis for making a decision under subsection (4) is that preventing the contact is necessary because the contact would seriously prejudice national security.\n- (a) that the person may not be contacted under section 61 within 24 hours after being further detained under the order; but\n- (b) that the person must be contacted under section 61 after the end of the 24 hour period within a period stated in the order.","sortOrder":36},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Legal Aid","content":"## Legal Aid","sortOrder":37},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Order for free legal assistance","content":"### sec.31A Order for free legal assistance\n\nThis section applies if—\na person in detention under an initial order does not have legal representation; and\nan application is made to the issuing authority for a final order.\nThe issuing authority must require the person to advise the issuing authority within a stated period the issuing authority considers reasonable (the period ) that the person has or has not arranged for legal representation or does not want legal representation.\nThe issuing authority must make the order in subsection (4) unless the person advises the issuing authority within the period that the person has arranged for legal representation or does not want legal representation.\nThe order is that the person be given free legal assistance for the period of the person’s detention for any detention proceeding.\nIn this section—\ndetention proceeding means—\nthe application for the final order or another application under this Act for a preventative detention order; or\nan application to the Supreme Court under section 71 or 72 or under the Judicial Review Act 1991 in relation to an application for, or the making of, a preventative detention order.\nlegal representation means representation by a lawyer.\ns 31A ins 2007 No. 34 s 24\n(sec.31A-ssec.1) This section applies if— a person in detention under an initial order does not have legal representation; and an application is made to the issuing authority for a final order.\n(sec.31A-ssec.2) The issuing authority must require the person to advise the issuing authority within a stated period the issuing authority considers reasonable (the period ) that the person has or has not arranged for legal representation or does not want legal representation.\n(sec.31A-ssec.3) The issuing authority must make the order in subsection (4) unless the person advises the issuing authority within the period that the person has arranged for legal representation or does not want legal representation.\n(sec.31A-ssec.4) The order is that the person be given free legal assistance for the period of the person’s detention for any detention proceeding.\n(sec.31A-ssec.5) In this section— detention proceeding means— the application for the final order or another application under this Act for a preventative detention order; or an application to the Supreme Court under section 71 or 72 or under the Judicial Review Act 1991 in relation to an application for, or the making of, a preventative detention order. legal representation means representation by a lawyer.\n- (a) a person in detention under an initial order does not have legal representation; and\n- (b) an application is made to the issuing authority for a final order.\n- (a) the application for the final order or another application under this Act for a preventative detention order; or\n- (b) an application to the Supreme Court under section 71 or 72 or under the Judicial Review Act 1991 in relation to an application for, or the making of, a preventative detention order.","sortOrder":38},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Effect of order","content":"### sec.31B Effect of order\n\nLegal Aid must give the person free legal assistance as required by the order as if it had granted an application under the Legal Aid Queensland Act 1997 for free legal assistance.\nA lawyer provided by the free legal assistance is the person’s legal representative only in relation to the person’s detention and only while the person is in detention under this Act.\ns 31B ins 2007 No. 34 s 24\n(sec.31B-ssec.1) Legal Aid must give the person free legal assistance as required by the order as if it had granted an application under the Legal Aid Queensland Act 1997 for free legal assistance.\n(sec.31B-ssec.2) A lawyer provided by the free legal assistance is the person’s legal representative only in relation to the person’s detention and only while the person is in detention under this Act.","sortOrder":39},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Prohibited contact orders","content":"## Prohibited contact orders","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prohibited contact order for person for whom preventative detention order is being sought","content":"### sec.32 Prohibited contact order for person for whom preventative detention order is being sought\n\nA police officer who applies for a preventative detention order for a person may also apply for a prohibited contact order under this section in relation to the person’s detention under the preventative detention order.\nThe application must be in writing and state—\nthe terms of the prohibited contact order sought; and\nthe facts and other grounds on which the police officer considers that the order should be made.\nThe application must be sworn if the preventative detention order is a final order.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\nIf the issuing authority—\nmakes the preventative detention order; and\nis satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made;\nthe issuing authority may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact a person stated in the prohibited contact order.\nSee section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\nThe prohibited contact order must be in writing.\n(sec.32-ssec.1) A police officer who applies for a preventative detention order for a person may also apply for a prohibited contact order under this section in relation to the person’s detention under the preventative detention order.\n(sec.32-ssec.2) The application must be in writing and state— the terms of the prohibited contact order sought; and the facts and other grounds on which the police officer considers that the order should be made.\n(sec.32-ssec.3) The application must be sworn if the preventative detention order is a final order.\n(sec.32-ssec.4) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n(sec.32-ssec.5) If the issuing authority— makes the preventative detention order; and is satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made; the issuing authority may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact a person stated in the prohibited contact order. See section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\n(sec.32-ssec.6) The prohibited contact order must be in writing.\n- (a) the terms of the prohibited contact order sought; and\n- (b) the facts and other grounds on which the police officer considers that the order should be made.\n- (a) makes the preventative detention order; and\n- (b) is satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made;","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prohibited contact order for person for whom preventative detention order is already in force","content":"### sec.33 Prohibited contact order for person for whom preventative detention order is already in force\n\nIf a preventative detention order is in force for a person, a police officer may apply to the issuing authority for a prohibited contact order under this section in relation to the person’s detention under the preventative detention order.\nThe application must be in writing and state—\nthe terms of the order sought; and\nthe facts and other grounds on which the police officer considers that the order should be made.\nThe application must be sworn if the preventative detention order is a final order.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\nIf the issuing authority is satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the issuing authority may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact another person stated in the prohibited contact order.\nSee section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\nThe prohibited contact order must be in writing.\n(sec.33-ssec.1) If a preventative detention order is in force for a person, a police officer may apply to the issuing authority for a prohibited contact order under this section in relation to the person’s detention under the preventative detention order.\n(sec.33-ssec.2) The application must be in writing and state— the terms of the order sought; and the facts and other grounds on which the police officer considers that the order should be made.\n(sec.33-ssec.3) The application must be sworn if the preventative detention order is a final order.\n(sec.33-ssec.4) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.\n(sec.33-ssec.5) If the issuing authority is satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the issuing authority may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact another person stated in the prohibited contact order. See section 8 (3) and (5) for the purpose for which a preventative detention order may be made.\n(sec.33-ssec.6) The prohibited contact order must be in writing.\n- (a) the terms of the order sought; and\n- (b) the facts and other grounds on which the police officer considers that the order should be made.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Notice to PIM","content":"### sec.34 Notice to PIM\n\nThe following provisions apply to an application under this division as if reference in the provision to an application were to the application under this division—\nif the preventative detention order is an initial order— section 20 ;\nif the preventative detention order is a final order— section 24 .\n- (a) if the preventative detention order is an initial order— section 20 ;\n- (b) if the preventative detention order is a final order— section 24 .","sortOrder":43},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Revocation of orders by issuing authority","content":"## Revocation of orders by issuing authority","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Revocation of preventative detention order or prohibited contact order","content":"### sec.35 Revocation of preventative detention order or prohibited contact order\n\nIf—\na preventative detention order is in force for a person; and\nthe police officer who is detaining the person under the order is satisfied that the grounds on which the order was made no longer exist;\nthe police officer must apply, as soon as practicable, to the issuing authority for the revocation of the order.\nIf—\na preventative detention order is in force for a person; and\non an application under subsection (1) by a police officer, the issuing authority is satisfied that the grounds on which the order was made no longer exist;\nthe issuing authority must revoke the order.\nIf—\na prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and\nthe police officer who is detaining the person under the preventative detention order is satisfied that the grounds on which the prohibited contact order was made no longer exist;\nthe police officer must apply, as soon as practicable, to the issuing authority for the revocation of the prohibited contact order.\nIf—\na prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and\non an application by a police officer under subsection (3) , the issuing authority is satisfied that the grounds on which the prohibited contact order was made no longer exist;\nthe issuing authority must revoke the prohibited contact order.\ns 35 amd 2007 No. 34 s 25\n(sec.35-ssec.1) If— a preventative detention order is in force for a person; and the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made no longer exist; the police officer must apply, as soon as practicable, to the issuing authority for the revocation of the order.\n(sec.35-ssec.2) If— a preventative detention order is in force for a person; and on an application under subsection (1) by a police officer, the issuing authority is satisfied that the grounds on which the order was made no longer exist; the issuing authority must revoke the order.\n(sec.35-ssec.3) If— a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and the police officer who is detaining the person under the preventative detention order is satisfied that the grounds on which the prohibited contact order was made no longer exist; the police officer must apply, as soon as practicable, to the issuing authority for the revocation of the prohibited contact order.\n(sec.35-ssec.4) If— a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and on an application by a police officer under subsection (3) , the issuing authority is satisfied that the grounds on which the prohibited contact order was made no longer exist; the issuing authority must revoke the prohibited contact order.\n- (a) a preventative detention order is in force for a person; and\n- (b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made no longer exist;\n- (a) a preventative detention order is in force for a person; and\n- (b) on an application under subsection (1) by a police officer, the issuing authority is satisfied that the grounds on which the order was made no longer exist;\n- (a) a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and\n- (b) the police officer who is detaining the person under the preventative detention order is satisfied that the grounds on which the prohibited contact order was made no longer exist;\n- (a) a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and\n- (b) on an application by a police officer under subsection (3) , the issuing authority is satisfied that the grounds on which the prohibited contact order was made no longer exist;","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"PIM must be notified","content":"### sec.36 PIM must be notified\n\nThe applicant must notify the PIM of the application under arrangements decided by the PIM.","sortOrder":46},{"sectionNumber":"pt.3","sectionType":"part","heading":"Carrying out preventative detention orders","content":"# Carrying out preventative detention orders","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Power to detain person under preventative detention order","content":"### sec.37 Power to detain person under preventative detention order\n\nWhile a preventative detention order is in force for a person—\nany police officer may take the person into custody; and\nany police officer may detain the person.\nA police officer has, for the purpose of taking a person into custody under a preventative detention order or preventing the person from escaping from that custody, the same functions and powers as the police officer would have if the police officer were taking the person into custody in connection with the commission of an offence or preventing the person escaping from that custody.\nSubsection (2) does not apply to the extent to which particular functions or powers are provided for in this part.\n(sec.37-ssec.1) While a preventative detention order is in force for a person— any police officer may take the person into custody; and any police officer may detain the person.\n(sec.37-ssec.2) A police officer has, for the purpose of taking a person into custody under a preventative detention order or preventing the person from escaping from that custody, the same functions and powers as the police officer would have if the police officer were taking the person into custody in connection with the commission of an offence or preventing the person escaping from that custody.\n(sec.37-ssec.3) Subsection (2) does not apply to the extent to which particular functions or powers are provided for in this part.\n- (a) any police officer may take the person into custody; and\n- (b) any police officer may detain the person.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Nominated police officer to oversee functions and powers","content":"### sec.38 Nominated police officer to oversee functions and powers\n\nIf a preventative detention order is made for a person, the commissioner or the deputy commissioner of police must nominate a senior police officer (the nominated police officer ) to oversee the performance of functions and exercise of powers in relation to the preventative detention order.\nThe nominated police officer must be someone who was not involved in the making of the application for the preventative detention order.\nThe nominated police officer must—\noversee the performance of functions and exercise of powers in relation to the preventative detention order; and\nwithout limiting paragraph (a) , ensure that part 2 , division 5 is complied with in relation to the preventative detention order; and\nreceive and consider any representations that are made under subsection (4) .\nPart 2 , division 5 deals with the revocation of preventative detention orders and prohibited contact orders.\nThe following persons—\nthe person being detained under the preventative detention order;\na lawyer acting for that person in relation to the preventative detention order;\na person with whom that person has contact under section 60 (2) or section 61 ;\nare entitled to make representations to the nominated police officer about—\nthe performance of functions and the exercise of powers in relation to the preventative detention order; and\nwithout limiting paragraph (d) , compliance with part 2 , division 5 in relation to the preventative detention order; and\nthe person’s treatment in connection with the person’s detention under the preventative detention order; and\nhaving the preventative detention order revoked.\nThe commissioner or the deputy commissioner of police may exercise the power under subsection (1) to replace a nominated police officer with another nominated police officer (the new nominated police officer ).\nThe new nominated police officer must inform the person for whom the preventative detention order was made of the officer’s nomination as soon as practicable.\ns 38 amd 2007 No. 34 s 26 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.38-ssec.1) If a preventative detention order is made for a person, the commissioner or the deputy commissioner of police must nominate a senior police officer (the nominated police officer ) to oversee the performance of functions and exercise of powers in relation to the preventative detention order.\n(sec.38-ssec.2) The nominated police officer must be someone who was not involved in the making of the application for the preventative detention order.\n(sec.38-ssec.3) The nominated police officer must— oversee the performance of functions and exercise of powers in relation to the preventative detention order; and without limiting paragraph (a) , ensure that part 2 , division 5 is complied with in relation to the preventative detention order; and receive and consider any representations that are made under subsection (4) . Part 2 , division 5 deals with the revocation of preventative detention orders and prohibited contact orders.\n(sec.38-ssec.4) The following persons— the person being detained under the preventative detention order; a lawyer acting for that person in relation to the preventative detention order; a person with whom that person has contact under section 60 (2) or section 61 ; are entitled to make representations to the nominated police officer about— the performance of functions and the exercise of powers in relation to the preventative detention order; and without limiting paragraph (d) , compliance with part 2 , division 5 in relation to the preventative detention order; and the person’s treatment in connection with the person’s detention under the preventative detention order; and having the preventative detention order revoked.\n(sec.38-ssec.5) The commissioner or the deputy commissioner of police may exercise the power under subsection (1) to replace a nominated police officer with another nominated police officer (the new nominated police officer ).\n(sec.38-ssec.6) The new nominated police officer must inform the person for whom the preventative detention order was made of the officer’s nomination as soon as practicable.\n- (a) oversee the performance of functions and exercise of powers in relation to the preventative detention order; and\n- (b) without limiting paragraph (a) , ensure that part 2 , division 5 is complied with in relation to the preventative detention order; and\n- (c) receive and consider any representations that are made under subsection (4) .\n- (a) the person being detained under the preventative detention order;\n- (b) a lawyer acting for that person in relation to the preventative detention order;\n- (c) a person with whom that person has contact under section 60 (2) or section 61 ;\n- (d) the performance of functions and the exercise of powers in relation to the preventative detention order; and\n- (e) without limiting paragraph (d) , compliance with part 2 , division 5 in relation to the preventative detention order; and\n- (f) the person’s treatment in connection with the person’s detention under the preventative detention order; and\n- (g) having the preventative detention order revoked.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Endorsement of order with date and time person taken into custody","content":"### sec.39 Endorsement of order with date and time person taken into custody\n\nAs soon as practicable after a person is first taken into custody under a particular preventative detention order, the police officer who is detaining the person under the order must endorse on the order the date on which, and time at which, the person is first taken into custody under the order.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirement to provide name etc.","content":"### sec.40 Requirement to provide name etc.\n\nA police officer may ask a person to state the person’s name, address or date of birth if—\nthe officer suspects on reasonable grounds that the person is the subject of a preventative detention order; or\nthe person has been taken into custody and is being detained under a preventative detention order; or\nthe officer believes on reasonable grounds that the person may be able to help the police officer in executing a preventative detention order and the officer does not know the person’s name, address or date of birth.\nIf a police officer—\nmakes a request of a person under subsection (1) ; and\ninforms the person of the reason for the request; and\nif the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and\ncomplies with subsection (4) ;\nthe person must not—\nrefuse or fail to comply with the request; or\ngive a name, address or date of birth that is false in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (2) does not apply if the person has a reasonable excuse.\nA police officer who makes a request of a person under subsection (1) must provide the following to the person—\nthe officer’s name;\nthe officer’s station;\nthe officer’s rank.\nThe police officer must not—\ncontravene subsection (4) ; or\nin purported compliance with subsection (4) , give a name, station, number or rank that is false in a material particular.\nMaximum penalty—5 penalty units.\ns 40 amd 2007 No. 34 s 27 ; 2016 No. 42 s 64 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.40-ssec.1) A police officer may ask a person to state the person’s name, address or date of birth if— the officer suspects on reasonable grounds that the person is the subject of a preventative detention order; or the person has been taken into custody and is being detained under a preventative detention order; or the officer believes on reasonable grounds that the person may be able to help the police officer in executing a preventative detention order and the officer does not know the person’s name, address or date of birth.\n(sec.40-ssec.2) If a police officer— makes a request of a person under subsection (1) ; and informs the person of the reason for the request; and if the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and complies with subsection (4) ; the person must not— refuse or fail to comply with the request; or give a name, address or date of birth that is false in a material particular. Maximum penalty—20 penalty units.\n(sec.40-ssec.3) Subsection (2) does not apply if the person has a reasonable excuse.\n(sec.40-ssec.4) A police officer who makes a request of a person under subsection (1) must provide the following to the person— the officer’s name; the officer’s station; the officer’s rank.\n(sec.40-ssec.5) The police officer must not— contravene subsection (4) ; or in purported compliance with subsection (4) , give a name, station, number or rank that is false in a material particular. Maximum penalty—5 penalty units.\n- (a) the officer suspects on reasonable grounds that the person is the subject of a preventative detention order; or\n- (b) the person has been taken into custody and is being detained under a preventative detention order; or\n- (c) the officer believes on reasonable grounds that the person may be able to help the police officer in executing a preventative detention order and the officer does not know the person’s name, address or date of birth.\n- (a) makes a request of a person under subsection (1) ; and\n- (b) informs the person of the reason for the request; and\n- (c) if the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and\n- (d) complies with subsection (4) ;\n- (e) refuse or fail to comply with the request; or\n- (f) give a name, address or date of birth that is false in a material particular.\n- (a) the officer’s name;\n- (b) the officer’s station;\n- (c) the officer’s rank.\n- (a) contravene subsection (4) ; or\n- (b) in purported compliance with subsection (4) , give a name, station, number or rank that is false in a material particular.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Power to enter premises","content":"### sec.41 Power to enter premises\n\nIf—\na preventative detention order is in force for a person; and\na police officer suspects on reasonable grounds that the person is on any premises;\nthe police officer may enter the premises, using the force that may be necessary and reasonable in the circumstances and with the assistance of other police officers that may be necessary, at any time of the day or night to search the premises for the person and to take the person into custody.\nIn this section—\npremises see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 41 amd 2015 No. 27 s 12 ; 2017 No. 30 s 46\n(sec.41-ssec.1) If— a preventative detention order is in force for a person; and a police officer suspects on reasonable grounds that the person is on any premises; the police officer may enter the premises, using the force that may be necessary and reasonable in the circumstances and with the assistance of other police officers that may be necessary, at any time of the day or night to search the premises for the person and to take the person into custody.\n(sec.41-ssec.2) In this section— premises see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) a preventative detention order is in force for a person; and\n- (b) a police officer suspects on reasonable grounds that the person is on any premises;","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power to conduct a frisk search","content":"### sec.42 Power to conduct a frisk search\n\nA police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that it is prudent to do so in order to find out whether the person is carrying any seizable items—\nconduct a frisk search of the person at, or soon after, the time when the person is taken into custody; and\nseize any seizable items found as a result of the search.\n- (a) conduct a frisk search of the person at, or soon after, the time when the person is taken into custody; and\n- (b) seize any seizable items found as a result of the search.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Power to conduct an ordinary search","content":"### sec.43 Power to conduct an ordinary search\n\nA police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that the person is carrying—\nevidence of, or relating to, a terrorist act; or\na seizable item;\nconduct an ordinary search of the person at, or soon after, the time when the person is taken into custody, and seize anything mentioned in paragraph (a) or (b) found as a result of the search.\n- (a) evidence of, or relating to, a terrorist act; or\n- (b) a seizable item;","sortOrder":54},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Search involving removal of clothing","content":"### sec.43A Search involving removal of clothing\n\nSubsection (2) applies if a police officer who takes a person into custody under a preventative detention order, or who is present when a person is taken into custody, reasonably suspects the person is carrying an item that may result in loss of life or serious physical harm.\nThe police officer may require the person to remove all items of clothing or all items of clothing from the upper or lower part of the body.\ns 43A ins 2007 No. 34 s 28\n(sec.43A-ssec.1) Subsection (2) applies if a police officer who takes a person into custody under a preventative detention order, or who is present when a person is taken into custody, reasonably suspects the person is carrying an item that may result in loss of life or serious physical harm.\n(sec.43A-ssec.2) The police officer may require the person to remove all items of clothing or all items of clothing from the upper or lower part of the body.","sortOrder":55},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Safeguards apply","content":"### sec.43B Safeguards apply\n\nThe following provisions of the Police Powers and Responsibilities Act 2000 apply to a search under section 42 , 43 or 43A —\nsection 624 (General provision about searches of persons)\nsection 625 (Taking a person to another place to search)\nsection 626 (Limitation on period of detention for search)\nsection 628 (Dealing with persons who obstruct search of person or vehicle)\nsection 630 (Protecting the dignity of persons during search)\nsection 631 (Special requirements for searching children and persons with impaired capacity)\nsection 632 (If video cameras monitor place where person is searched).\ns 43B ins 2007 No. 34 s 28\n- • section 624 (General provision about searches of persons)\n- • section 625 (Taking a person to another place to search)\n- • section 626 (Limitation on period of detention for search)\n- • section 628 (Dealing with persons who obstruct search of person or vehicle)\n- • section 630 (Protecting the dignity of persons during search)\n- • section 631 (Special requirements for searching children and persons with impaired capacity)\n- • section 632 (If video cameras monitor place where person is searched).","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"ASIO warrant","content":"### sec.44 ASIO warrant\n\nThis section applies if—\na person is being detained under a preventative detention order; and\nan ASIO warrant is in force in relation to the person; and\na copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.\nThe police officer must take the steps that may be necessary to ensure that the person may be dealt with under the warrant.\nWithout limiting subsection (2) , the police officer may, under section 45 , release the person from detention under the preventative detention order so that the person may be dealt with under the warrant.\nTo remove any doubt, it is declared that the fact that the person is released from detention under the preventative detention order so that the person may be—\nquestioned before a prescribed authority under the warrant; or\ndetained under the warrant in connection with that questioning;\ndoes not extend the period for which the preventative detention order remains in force for the person.\nSee section 45 (8) (a) .\nIn this section—\nprescribed authority see the Australian Security Intelligence Organisation Act 1979 (Cwlth) , part 3 , division 3 .\n(sec.44-ssec.1) This section applies if— a person is being detained under a preventative detention order; and an ASIO warrant is in force in relation to the person; and a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.\n(sec.44-ssec.2) The police officer must take the steps that may be necessary to ensure that the person may be dealt with under the warrant.\n(sec.44-ssec.3) Without limiting subsection (2) , the police officer may, under section 45 , release the person from detention under the preventative detention order so that the person may be dealt with under the warrant.\n(sec.44-ssec.4) To remove any doubt, it is declared that the fact that the person is released from detention under the preventative detention order so that the person may be— questioned before a prescribed authority under the warrant; or detained under the warrant in connection with that questioning; does not extend the period for which the preventative detention order remains in force for the person. See section 45 (8) (a) .\n(sec.44-ssec.5) In this section— prescribed authority see the Australian Security Intelligence Organisation Act 1979 (Cwlth) , part 3 , division 3 .\n- (a) a person is being detained under a preventative detention order; and\n- (b) an ASIO warrant is in force in relation to the person; and\n- (c) a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.\n- (a) questioned before a prescribed authority under the warrant; or\n- (b) detained under the warrant in connection with that questioning;","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Release of person from preventative detention","content":"### sec.45 Release of person from preventative detention\n\nThe police officer who is detaining a person under a preventative detention order may release the person from detention under the order.\nA person may be released, for example, so that the person on being arrested for an offence may be charged and otherwise dealt with for the offence.\nHowever, the police officer may not release the person without the approval of a senior police officer if the person is being released so that the person may be dealt with under an ASIO warrant.\nThe police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention.\nThe statement must be signed by the police officer.\nSubsection (3) does not apply if the police officer releases the person from detention so that the person may be dealt with—\nunder an ASIO warrant; or\nunder the provisions of the Crimes Act 1914 (Cwlth) , part 1AA , division 4 and part 1C ; or\non a charge of an offence.\nTo remove any doubt, it is declared that a person may be taken to have been released from detention under a preventative detention order even if—\nthe person is informed that the person is being released from detention under the order; and\nthe person is taken into custody on some other basis immediately after the person is informed that the person is being released from detention under the order.\nTo remove any doubt, it is declared that a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.\nDuring this period, the provisions of this Act that apply to a person who is being detained under a preventative detention order (for example, section 55 , which deals with the people the person may contact) do not apply to the person.\nTo remove any doubt, it is declared that—\nthe release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force for the person; and\nThis means that the time for which the person may be detained under the order continues to run while the person is released.\nthe person, after being released under subsection (1) from detention under a preventative detention order, may again be taken into custody and detained under the order at any time while the order remains in force for the person.\ns 45 amd 2007 No. 34 s 29 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.45-ssec.1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the order. A person may be released, for example, so that the person on being arrested for an offence may be charged and otherwise dealt with for the offence.\n(sec.45-ssec.2) However, the police officer may not release the person without the approval of a senior police officer if the person is being released so that the person may be dealt with under an ASIO warrant.\n(sec.45-ssec.3) The police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention.\n(sec.45-ssec.4) The statement must be signed by the police officer.\n(sec.45-ssec.5) Subsection (3) does not apply if the police officer releases the person from detention so that the person may be dealt with— under an ASIO warrant; or under the provisions of the Crimes Act 1914 (Cwlth) , part 1AA , division 4 and part 1C ; or on a charge of an offence.\n(sec.45-ssec.6) To remove any doubt, it is declared that a person may be taken to have been released from detention under a preventative detention order even if— the person is informed that the person is being released from detention under the order; and the person is taken into custody on some other basis immediately after the person is informed that the person is being released from detention under the order.\n(sec.45-ssec.7) To remove any doubt, it is declared that a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order. During this period, the provisions of this Act that apply to a person who is being detained under a preventative detention order (for example, section 55 , which deals with the people the person may contact) do not apply to the person.\n(sec.45-ssec.8) To remove any doubt, it is declared that— the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force for the person; and This means that the time for which the person may be detained under the order continues to run while the person is released. the person, after being released under subsection (1) from detention under a preventative detention order, may again be taken into custody and detained under the order at any time while the order remains in force for the person.\n- (a) under an ASIO warrant; or\n- (b) under the provisions of the Crimes Act 1914 (Cwlth) , part 1AA , division 4 and part 1C ; or\n- (c) on a charge of an offence.\n- (a) the person is informed that the person is being released from detention under the order; and\n- (b) the person is taken into custody on some other basis immediately after the person is informed that the person is being released from detention under the order.\n- (a) the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force for the person; and Note— This means that the time for which the person may be detained under the order continues to run while the person is released.\n- (b) the person, after being released under subsection (1) from detention under a preventative detention order, may again be taken into custody and detained under the order at any time while the order remains in force for the person.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Arrangement for detainee to be held","content":"### sec.46 Arrangement for detainee to be held\n\nA senior police officer may arrange for a person who is being detained under a preventative detention order to be detained under the order at—\na watch-house; or\na corrective services facility; or\na detention centre.\nAll persons, including a person who is under 17, may be detained at either of the places mentioned in subsection (1) (a) or (b) .\nA person who is under 18, and only a person who is under 18, may be detained at a detention centre.\nAn arrangement under subsection (1) for a person to be held at a watch-house must be only for a period that allows the person to be delivered as soon as practicable to a corrective services facility or a detention centre.\nIf an arrangement is made under subsection (1) for a person—\nthe preventative detention order is taken to authorise the person in charge of the watch-house, corrective services facility or detention centre to detain the person at that place while the order is in force for the person; and\nsection 52 applies in relation to the person’s detention under the order at the watch-house, corrective services facility or detention centre as if—\nthe person in charge of that place; or\nany other person involved in the person’s detention at that place;\nwere a person exercising authority under the order or implementing or enforcing the order; and\nthe senior police officer is taken, while the person is detained at the watch-house, corrective services facility or detention centre, to be the police officer detaining the person for this Act.\nIf the person is detained at a corrective services facility, for the Corrective Services Act 2006 —\nthe preventative detention order is a warrant for the person’s detention at the facility; and\nthe person is in the custody of the chief executive within the meaning of that Act.\nIf the person is detained at a detention centre, for the Youth Justice Act 1992 —\nthe preventative detention order is a warrant for the detention of the person at the detention centre; and\nthe person is in the custody of the chief executive within the meaning of that Act; and\nonly parts 8 to 10 of that Act, other than sections 269 , 272 and 280 , apply in relation to the detention of the person.\nTo remove any doubt, it is declared that the detention of a person at a watch-house, corrective services facility or detention centre is subject to part 5 , division 2 .\nIf a person is detained under a preventative detention order at a watch-house, corrective services facility or detention centre, the order does not prevent detention at that place from being counted as part of a sentence of imprisonment that the person is liable to serve.\nA person detained at a watch-house, corrective services facility or detention centre under this section must be kept segregated from all other persons being detained at that place.\nFor subsection (10) , the chief executive (corrective services) may make a maximum security order for the person under the Corrective Services Act 2006 , section 60 (1) .\nFor subsection (11) , the Corrective Services Act 2006 , section 60 (3) does not apply.\nAlso, the chief executive (corrective services) may make a safety order for the person under the Corrective Services Act 2006 , section 53 (1) .\nFor subsection (13) , the Corrective Services Act 2006 , section 53 (1) (b) does not apply.\nThe provisions of this section apply despite any provisions of the Corrective Services Act 2006 or the Youth Justice Act 1992 .\nIn this section—\npreventative detention order , in subsections (6) and (7) , includes a copy of a preventative detention order certified as a true copy by the issuing authority that issued the order.\ns 46 amd 2006 No. 29 s 518 sch 3 ; 2007 No. 34 ss 30 , 18 sch ; 2009 No. 34 s 45 (1) sch pt 1 amdt 32; 2021 No. 24 s 57 sch 1\n(sec.46-ssec.1) A senior police officer may arrange for a person who is being detained under a preventative detention order to be detained under the order at— a watch-house; or a corrective services facility; or a detention centre.\n(sec.46-ssec.2) All persons, including a person who is under 17, may be detained at either of the places mentioned in subsection (1) (a) or (b) .\n(sec.46-ssec.3) A person who is under 18, and only a person who is under 18, may be detained at a detention centre.\n(sec.46-ssec.4) An arrangement under subsection (1) for a person to be held at a watch-house must be only for a period that allows the person to be delivered as soon as practicable to a corrective services facility or a detention centre.\n(sec.46-ssec.5) If an arrangement is made under subsection (1) for a person— the preventative detention order is taken to authorise the person in charge of the watch-house, corrective services facility or detention centre to detain the person at that place while the order is in force for the person; and section 52 applies in relation to the person’s detention under the order at the watch-house, corrective services facility or detention centre as if— the person in charge of that place; or any other person involved in the person’s detention at that place; were a person exercising authority under the order or implementing or enforcing the order; and the senior police officer is taken, while the person is detained at the watch-house, corrective services facility or detention centre, to be the police officer detaining the person for this Act.\n(sec.46-ssec.6) If the person is detained at a corrective services facility, for the Corrective Services Act 2006 — the preventative detention order is a warrant for the person’s detention at the facility; and the person is in the custody of the chief executive within the meaning of that Act.\n(sec.46-ssec.7) If the person is detained at a detention centre, for the Youth Justice Act 1992 — the preventative detention order is a warrant for the detention of the person at the detention centre; and the person is in the custody of the chief executive within the meaning of that Act; and only parts 8 to 10 of that Act, other than sections 269 , 272 and 280 , apply in relation to the detention of the person.\n(sec.46-ssec.8) To remove any doubt, it is declared that the detention of a person at a watch-house, corrective services facility or detention centre is subject to part 5 , division 2 .\n(sec.46-ssec.9) If a person is detained under a preventative detention order at a watch-house, corrective services facility or detention centre, the order does not prevent detention at that place from being counted as part of a sentence of imprisonment that the person is liable to serve.\n(sec.46-ssec.10) A person detained at a watch-house, corrective services facility or detention centre under this section must be kept segregated from all other persons being detained at that place.\n(sec.46-ssec.11) For subsection (10) , the chief executive (corrective services) may make a maximum security order for the person under the Corrective Services Act 2006 , section 60 (1) .\n(sec.46-ssec.12) For subsection (11) , the Corrective Services Act 2006 , section 60 (3) does not apply.\n(sec.46-ssec.13) Also, the chief executive (corrective services) may make a safety order for the person under the Corrective Services Act 2006 , section 53 (1) .\n(sec.46-ssec.14) For subsection (13) , the Corrective Services Act 2006 , section 53 (1) (b) does not apply.\n(sec.46-ssec.15) The provisions of this section apply despite any provisions of the Corrective Services Act 2006 or the Youth Justice Act 1992 .\n(sec.46-ssec.16) In this section— preventative detention order , in subsections (6) and (7) , includes a copy of a preventative detention order certified as a true copy by the issuing authority that issued the order.\n- (a) a watch-house; or\n- (b) a corrective services facility; or\n- (c) a detention centre.\n- (a) the preventative detention order is taken to authorise the person in charge of the watch-house, corrective services facility or detention centre to detain the person at that place while the order is in force for the person; and\n- (b) section 52 applies in relation to the person’s detention under the order at the watch-house, corrective services facility or detention centre as if— (i) the person in charge of that place; or (ii) any other person involved in the person’s detention at that place; were a person exercising authority under the order or implementing or enforcing the order; and\n- (i) the person in charge of that place; or\n- (ii) any other person involved in the person’s detention at that place;\n- (c) the senior police officer is taken, while the person is detained at the watch-house, corrective services facility or detention centre, to be the police officer detaining the person for this Act.\n- (i) the person in charge of that place; or\n- (ii) any other person involved in the person’s detention at that place;\n- (a) the preventative detention order is a warrant for the person’s detention at the facility; and\n- (b) the person is in the custody of the chief executive within the meaning of that Act.\n- (a) the preventative detention order is a warrant for the detention of the person at the detention centre; and\n- (b) the person is in the custody of the chief executive within the meaning of that Act; and\n- (c) only parts 8 to 10 of that Act, other than sections 269 , 272 and 280 , apply in relation to the detention of the person.","sortOrder":59},{"sectionNumber":"pt.4","sectionType":"part","heading":"Informing person detained about preventative detention order","content":"# Informing person detained about preventative detention order","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Effect of initial order to be explained to person detained","content":"### sec.47 Effect of initial order to be explained to person detained\n\nAs soon as practicable after a person is first taken into custody under an initial order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2) .\nA contravention of this subsection may be an offence under section 54 .\nA contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\nThe matters covered by this subsection are—\nthe fact that an initial order has been made for the person; and\nthe period during which the person may be detained under the order; and\nthe permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and\nthe fact that an application will be, or may be, made for a final order detaining the person for a further period; and\nunless it is clear the person is not under 16 years of age, the fact that a preventative detention order can not be made for a person under 16 years of age; and\nthe right the person has to complain to the ombudsman or the Crime and Corruption Commission about—\nthe application for, or the making of, the order; or\nthe treatment of the person in connection with the person’s detention under the order; and\nthe fact that the person may seek from a court a remedy relating to—\nthe order; or\nthe treatment of the person in connection with the person’s detention under the order; and\nthe person’s entitlement under section 58 to contact a lawyer; and\nthe person’s entitlement under section 56 to contact persons mentioned in the section; and\nthe name, rank and station of the nominated police officer and the functions of the officer.\nSubsection (2) (c) does not require the police officer to inform the person being detained of—\nthe fact that a prohibited contact order has been made in relation to the person’s detention; or\nthe name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.\nFor subsection (2) (f) , the police officer must assist the person to make an application under part 6 if the person requests assistance.\nproviding the person with a list of security-cleared lawyers who may be available to represent the person and contacting the lawyer chosen by the person for the purposes of section 58\nFor subsection (2) (h) , the police officer must assist the person to contact the nominated police officer if the person requests assistance.\ns 47 amd 2007 No. 34 ss 31 , 18 sch ; 2014 No. 21 s 94 (2) sch 2\n(sec.47-ssec.1) As soon as practicable after a person is first taken into custody under an initial order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2) . A contravention of this subsection may be an offence under section 54 . A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\n(sec.47-ssec.2) The matters covered by this subsection are— the fact that an initial order has been made for the person; and the period during which the person may be detained under the order; and the permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and the fact that an application will be, or may be, made for a final order detaining the person for a further period; and unless it is clear the person is not under 16 years of age, the fact that a preventative detention order can not be made for a person under 16 years of age; and the right the person has to complain to the ombudsman or the Crime and Corruption Commission about— the application for, or the making of, the order; or the treatment of the person in connection with the person’s detention under the order; and the fact that the person may seek from a court a remedy relating to— the order; or the treatment of the person in connection with the person’s detention under the order; and the person’s entitlement under section 58 to contact a lawyer; and the person’s entitlement under section 56 to contact persons mentioned in the section; and the name, rank and station of the nominated police officer and the functions of the officer.\n(sec.47-ssec.3) Subsection (2) (c) does not require the police officer to inform the person being detained of— the fact that a prohibited contact order has been made in relation to the person’s detention; or the name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.\n(sec.47-ssec.4) For subsection (2) (f) , the police officer must assist the person to make an application under part 6 if the person requests assistance. providing the person with a list of security-cleared lawyers who may be available to represent the person and contacting the lawyer chosen by the person for the purposes of section 58\n(sec.47-ssec.5) For subsection (2) (h) , the police officer must assist the person to contact the nominated police officer if the person requests assistance.\n- 1 A contravention of this subsection may be an offence under section 54 .\n- 2 A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\n- (a) the fact that an initial order has been made for the person; and\n- (b) the period during which the person may be detained under the order; and\n- (c) the permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and\n- (d) the fact that an application will be, or may be, made for a final order detaining the person for a further period; and\n- (da) unless it is clear the person is not under 16 years of age, the fact that a preventative detention order can not be made for a person under 16 years of age; and\n- (e) the right the person has to complain to the ombudsman or the Crime and Corruption Commission about— (i) the application for, or the making of, the order; or (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (i) the application for, or the making of, the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (f) the fact that the person may seek from a court a remedy relating to— (i) the order; or (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (i) the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (g) the person’s entitlement under section 58 to contact a lawyer; and\n- (ga) the person’s entitlement under section 56 to contact persons mentioned in the section; and\n- (h) the name, rank and station of the nominated police officer and the functions of the officer.\n- (i) the application for, or the making of, the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (i) the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (a) the fact that a prohibited contact order has been made in relation to the person’s detention; or\n- (b) the name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Effect of final order to be explained to person detained","content":"### sec.48 Effect of final order to be explained to person detained\n\nAs soon as practicable after a final order is made for a person, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2) .\nA contravention of this subsection may be an offence under section 54 .\nA contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\nThe matters covered by this subsection are—\nthe fact that a final order has been made in relation to the person; and\nthe period during which the person may be detained under the order; and\nthe permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and\nthe right the person has to complain to the ombudsman or the Crime and Corruption Commission about—\nthe application for, or the making of, the order; or\nthe treatment of the person in connection with the person’s detention under the order; and\nthe right of the person to apply to the Supreme Court to revoke or vary the order, whether before or after the person is released from detention; and\nthe fact that the person may seek from the Supreme Court a remedy relating to—\nthe final order; or\nthe treatment of the person in connection with the person’s detention under the final order; and\nSee part 6 .\nthe person’s entitlement under section 58 to contact a lawyer; and\nthe person’s entitlement under section 56 to contact persons mentioned in the section; and\nthe name, rank and station of the nominated police officer and the functions of the officer; and\nthe right of the person and other persons mentioned in section 38 (4) to make representations to the nominated police officer and the matters mentioned in the subsection about which the representations may be made.\nSubsection (2) (c) does not require the police officer to inform the person being detained of—\nthe fact that a prohibited contact order has been made in relation to the person’s detention; or\nthe name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.\nFor subsection (2) (e) and (f) , the police officer must assist the person to make an application under part 6 if the person requests assistance.\nproviding the person with a list of security-cleared lawyers who may be available to represent the person and contacting the lawyer chosen by the person for the purposes of section 58\nFor subsection (2) (h) , the police officer must assist the person to contact the nominated police officer if the person requests assistance.\ns 48 amd 2007 No. 34 ss 32 , 18 sch ; 2014 No. 21 s 94 (2) sch 2\n(sec.48-ssec.1) As soon as practicable after a final order is made for a person, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2) . A contravention of this subsection may be an offence under section 54 . A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\n(sec.48-ssec.2) The matters covered by this subsection are— the fact that a final order has been made in relation to the person; and the period during which the person may be detained under the order; and the permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and the right the person has to complain to the ombudsman or the Crime and Corruption Commission about— the application for, or the making of, the order; or the treatment of the person in connection with the person’s detention under the order; and the right of the person to apply to the Supreme Court to revoke or vary the order, whether before or after the person is released from detention; and the fact that the person may seek from the Supreme Court a remedy relating to— the final order; or the treatment of the person in connection with the person’s detention under the final order; and See part 6 . the person’s entitlement under section 58 to contact a lawyer; and the person’s entitlement under section 56 to contact persons mentioned in the section; and the name, rank and station of the nominated police officer and the functions of the officer; and the right of the person and other persons mentioned in section 38 (4) to make representations to the nominated police officer and the matters mentioned in the subsection about which the representations may be made.\n(sec.48-ssec.3) Subsection (2) (c) does not require the police officer to inform the person being detained of— the fact that a prohibited contact order has been made in relation to the person’s detention; or the name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.\n(sec.48-ssec.4) For subsection (2) (e) and (f) , the police officer must assist the person to make an application under part 6 if the person requests assistance. providing the person with a list of security-cleared lawyers who may be available to represent the person and contacting the lawyer chosen by the person for the purposes of section 58\n(sec.48-ssec.5) For subsection (2) (h) , the police officer must assist the person to contact the nominated police officer if the person requests assistance.\n- 1 A contravention of this subsection may be an offence under section 54 .\n- 2 A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see section 50 ).\n- (a) the fact that a final order has been made in relation to the person; and\n- (b) the period during which the person may be detained under the order; and\n- (c) the permissions and restrictions that apply to the people the person may contact while the person is being detained under the order; and\n- (d) the right the person has to complain to the ombudsman or the Crime and Corruption Commission about— (i) the application for, or the making of, the order; or (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (i) the application for, or the making of, the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (e) the right of the person to apply to the Supreme Court to revoke or vary the order, whether before or after the person is released from detention; and\n- (f) the fact that the person may seek from the Supreme Court a remedy relating to— (i) the final order; or (ii) the treatment of the person in connection with the person’s detention under the final order; and Note— See part 6 .\n- (i) the final order; or\n- (ii) the treatment of the person in connection with the person’s detention under the final order; and\n- (g) the person’s entitlement under section 58 to contact a lawyer; and\n- (ga) the person’s entitlement under section 56 to contact persons mentioned in the section; and\n- (h) the name, rank and station of the nominated police officer and the functions of the officer; and\n- (i) the right of the person and other persons mentioned in section 38 (4) to make representations to the nominated police officer and the matters mentioned in the subsection about which the representations may be made.\n- (i) the application for, or the making of, the order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order; and\n- (i) the final order; or\n- (ii) the treatment of the person in connection with the person’s detention under the final order; and\n- (a) the fact that a prohibited contact order has been made in relation to the person’s detention; or\n- (b) the name of a person stated in a prohibited contact order that has been made in relation to the person’s detention.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Person being detained to be informed of extension of preventative detention order","content":"### sec.49 Person being detained to be informed of extension of preventative detention order\n\nIf a preventative detention order is extended, or further extended, under section 21 or 31 , the police officer detaining the person under the order must inform the person of the extension, or further extension, as soon as practicable after the extension, or further extension, is made.\nA contravention of this section may be an offence under section 54 .\nA contravention of this section does not affect the lawfulness of the person’s detention under the order (see section 50 ).\n- 1 A contravention of this section may be an offence under section 54 .\n- 2 A contravention of this section does not affect the lawfulness of the person’s detention under the order (see section 50 ).","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Compliance with obligations to inform","content":"### sec.50 Compliance with obligations to inform\n\nSection 47 (1) , 48 (1) or 49 does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that subsection.\nThe police officer detaining the person under the preventative detention order complies with section 47 (1) or 48 (1) if the police officer informs the person in substance of the matters covered by section 47 (2) or 48 (2) even if this is not done in language of a precise or technical nature.\nThe police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 47 (1) , 48 (1) or 49 if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a physical disability, to communicate with reasonable fluency in that language.\nWithout limiting subsection (3) , the assistance of the interpreter may be provided by telephone.\nThe lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 47 (1) , 48 (1) , 49 or subsection (3) of this section.\n(sec.50-ssec.1) Section 47 (1) , 48 (1) or 49 does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that subsection.\n(sec.50-ssec.2) The police officer detaining the person under the preventative detention order complies with section 47 (1) or 48 (1) if the police officer informs the person in substance of the matters covered by section 47 (2) or 48 (2) even if this is not done in language of a precise or technical nature.\n(sec.50-ssec.3) The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 47 (1) , 48 (1) or 49 if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a physical disability, to communicate with reasonable fluency in that language.\n(sec.50-ssec.4) Without limiting subsection (3) , the assistance of the interpreter may be provided by telephone.\n(sec.50-ssec.5) The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 47 (1) , 48 (1) , 49 or subsection (3) of this section.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Copy of preventative detention order and summary of grounds","content":"### sec.51 Copy of preventative detention order and summary of grounds\n\nAs soon as practicable after a person is first taken into custody under a preventative detention order, the police officer who is detaining the person under the order must give the person—\na copy of the order; and\na summary of the grounds of the application on which the order was made (the summary ); and\na copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\nIf the initial order is extended or further extended, the police officer detaining the person under the order must, as soon as practicable, give the person—\na copy of the order for the extension or further extension; and\na summary of the grounds of the application on which the extension or further extension was made (the summary ).\nDespite section 37 (2) , a police officer does not need to have a copy of the order, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.\nIf—\na person is being detained under an initial order; and\na final order is made for the person;\nthe police officer who is detaining the person under the initial order, must, as soon as practicable, give the person—\na copy of the final order; and\na summary of the grounds of the application on which the order was made (also the summary ); and\na copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\nIf the final order is extended or further extended, the police officer who is detaining the person under the order must, as soon as practicable, give the person—\na copy of the order for the extension or further extension; and\na summary of the grounds of the application on which the extension or further extension was made (the summary ); and\na copy of the reasons for the decision of the issuing authority in making the extension or further extension that were given to the applicant.\nSubsections (1) , (1A) , (4) and (4A) do not require any information to be disclosed—\nif the disclosure of the information is likely to prejudice national security; or\nif the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\nA person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of—\nthe order; or\nthe summary given to the person under subsection (1) (b) or (4) (d) ;\nto be given to a lawyer acting for the person in relation to the order.\nSection 58 deals with the person’s right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.\nSection 63 prevents the person from contacting a lawyer who is stated in a prohibited contact order.\nThe police officer must make arrangements for a copy of the order or the summary to be given to the lawyer as soon as practicable after the request is made.\nWithout limiting subsection (6) , the copy of the order or the summary may be faxed or emailed to the lawyer.\nTo remove any doubt, it is declared that subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the order or the summary.\nNothing in this section requires a copy of a prohibited contact order to be given to a person.\nThe police officer who gives—\nthe person being detained under a preventative detention order; or\na lawyer acting for the person;\na copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.\nThe lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1) , (4) , (5) , (6) or (10) .\ns 51 amd 2007 No. 34 ss 33 , 18 sch ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.51-ssec.1) As soon as practicable after a person is first taken into custody under a preventative detention order, the police officer who is detaining the person under the order must give the person— a copy of the order; and a summary of the grounds of the application on which the order was made (the summary ); and a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\n(sec.51-ssec.1A) If the initial order is extended or further extended, the police officer detaining the person under the order must, as soon as practicable, give the person— a copy of the order for the extension or further extension; and a summary of the grounds of the application on which the extension or further extension was made (the summary ).\n(sec.51-ssec.3) Despite section 37 (2) , a police officer does not need to have a copy of the order, or to produce a copy of the order to the person being taken into custody, when the police officer takes the person into custody.\n(sec.51-ssec.4) If— a person is being detained under an initial order; and a final order is made for the person; the police officer who is detaining the person under the initial order, must, as soon as practicable, give the person— a copy of the final order; and a summary of the grounds of the application on which the order was made (also the summary ); and a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\n(sec.51-ssec.4A) If the final order is extended or further extended, the police officer who is detaining the person under the order must, as soon as practicable, give the person— a copy of the order for the extension or further extension; and a summary of the grounds of the application on which the extension or further extension was made (the summary ); and a copy of the reasons for the decision of the issuing authority in making the extension or further extension that were given to the applicant.\n(sec.51-ssec.4B) Subsections (1) , (1A) , (4) and (4A) do not require any information to be disclosed— if the disclosure of the information is likely to prejudice national security; or if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\n(sec.51-ssec.5) A person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of— the order; or the summary given to the person under subsection (1) (b) or (4) (d) ; to be given to a lawyer acting for the person in relation to the order. Section 58 deals with the person’s right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer. Section 63 prevents the person from contacting a lawyer who is stated in a prohibited contact order.\n(sec.51-ssec.6) The police officer must make arrangements for a copy of the order or the summary to be given to the lawyer as soon as practicable after the request is made.\n(sec.51-ssec.7) Without limiting subsection (6) , the copy of the order or the summary may be faxed or emailed to the lawyer.\n(sec.51-ssec.8) To remove any doubt, it is declared that subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the order or the summary.\n(sec.51-ssec.9) Nothing in this section requires a copy of a prohibited contact order to be given to a person.\n(sec.51-ssec.10) The police officer who gives— the person being detained under a preventative detention order; or a lawyer acting for the person; a copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.\n(sec.51-ssec.11) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1) , (4) , (5) , (6) or (10) .\n- (a) a copy of the order; and\n- (b) a summary of the grounds of the application on which the order was made (the summary ); and\n- (c) a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\n- (a) a copy of the order for the extension or further extension; and\n- (b) a summary of the grounds of the application on which the extension or further extension was made (the summary ).\n- (a) a person is being detained under an initial order; and\n- (b) a final order is made for the person;\n- (c) a copy of the final order; and\n- (d) a summary of the grounds of the application on which the order was made (also the summary ); and\n- (e) a copy of the reasons for the decision of the issuing authority in making the order that were given to the applicant.\n- (a) a copy of the order for the extension or further extension; and\n- (b) a summary of the grounds of the application on which the extension or further extension was made (the summary ); and\n- (c) a copy of the reasons for the decision of the issuing authority in making the extension or further extension that were given to the applicant.\n- (a) if the disclosure of the information is likely to prejudice national security; or\n- (b) if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 .\n- (a) the order; or\n- (b) the summary given to the person under subsection (1) (b) or (4) (d) ;\n- 1 Section 58 deals with the person’s right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.\n- 2 Section 63 prevents the person from contacting a lawyer who is stated in a prohibited contact order.\n- (a) the person being detained under a preventative detention order; or\n- (b) a lawyer acting for the person;","sortOrder":65},{"sectionNumber":"pt.5","sectionType":"part","heading":"Treatment of person detained","content":"# Treatment of person detained","sortOrder":66},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Humane treatment of person being detained","content":"### sec.52 Humane treatment of person being detained\n\nA person being taken into custody, or being detained, under a preventative detention order—\nmust be treated with humanity and with respect for human dignity; and\nmust not be subjected to cruel, inhuman or degrading treatment;\nby anyone exercising authority under the order or implementing or enforcing the order.\nA contravention of this section may be an offence under section 54 .\n- (a) must be treated with humanity and with respect for human dignity; and\n- (b) must not be subjected to cruel, inhuman or degrading treatment;","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Restrictions on questioning detained person","content":"### sec.53 Restrictions on questioning detained person\n\nA police officer must not question a person while the person is being detained under a preventative detention order other than for the purposes of—\nfinding out whether the person is the person stated in, or described by, the order; or\nif the person is the person described by the order—finding out the person’s identity; or\nensuring the safety and wellbeing of the person being detained; or\nallowing the police officer to comply with a requirement in relation to the person's detention under the order.\nA police officer must not question a person while the person is being detained under an order made under a corresponding law.\nThis section will not apply to the person if the person is released from detention under the order, even though the order may still be in force in relation to the person.\nA contravention of this section may be an offence under section 54 .\nIf a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that the questioning is electronically recorded.\nSubsection (3) does not apply if—\nthe questioning is for the purposes of—\nfinding out whether the person is the person stated in, or described by, the preventative detention order; or\nif the person is the person described by the order—finding out the person’s identity; or\nensuring the safety and well being of the person being detained; and\ncomplying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the person is questioned.\nA recording under subsection (3) must be kept until the end of the following, whichever is the later—\na period of 12 months after the recording is made;\nif court proceedings relating to the order are conducted at any time during the 12 month period—the court proceedings;\nif a police investigation relating to the order is conducted at any time during the 12 month period—the investigation and any court proceedings relating to the investigation.\ns 53 amd 2007 No. 34 s 34 ; 2016 No. 42 s 65\n(sec.53-ssec.1) A police officer must not question a person while the person is being detained under a preventative detention order other than for the purposes of— finding out whether the person is the person stated in, or described by, the order; or if the person is the person described by the order—finding out the person’s identity; or ensuring the safety and wellbeing of the person being detained; or allowing the police officer to comply with a requirement in relation to the person's detention under the order.\n(sec.53-ssec.2) A police officer must not question a person while the person is being detained under an order made under a corresponding law. This section will not apply to the person if the person is released from detention under the order, even though the order may still be in force in relation to the person. A contravention of this section may be an offence under section 54 .\n(sec.53-ssec.3) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that the questioning is electronically recorded.\n(sec.53-ssec.4) Subsection (3) does not apply if— the questioning is for the purposes of— finding out whether the person is the person stated in, or described by, the preventative detention order; or if the person is the person described by the order—finding out the person’s identity; or ensuring the safety and well being of the person being detained; and complying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the person is questioned.\n(sec.53-ssec.5) A recording under subsection (3) must be kept until the end of the following, whichever is the later— a period of 12 months after the recording is made; if court proceedings relating to the order are conducted at any time during the 12 month period—the court proceedings; if a police investigation relating to the order is conducted at any time during the 12 month period—the investigation and any court proceedings relating to the investigation.\n- (a) finding out whether the person is the person stated in, or described by, the order; or\n- (b) if the person is the person described by the order—finding out the person’s identity; or\n- (c) ensuring the safety and wellbeing of the person being detained; or\n- (d) allowing the police officer to comply with a requirement in relation to the person's detention under the order.\n- 1 This section will not apply to the person if the person is released from detention under the order, even though the order may still be in force in relation to the person.\n- 2 A contravention of this section may be an offence under section 54 .\n- (a) the questioning is for the purposes of— (i) finding out whether the person is the person stated in, or described by, the preventative detention order; or (ii) if the person is the person described by the order—finding out the person’s identity; or (iii) ensuring the safety and well being of the person being detained; and\n- (i) finding out whether the person is the person stated in, or described by, the preventative detention order; or\n- (ii) if the person is the person described by the order—finding out the person’s identity; or\n- (iii) ensuring the safety and well being of the person being detained; and\n- (b) complying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the person is questioned.\n- (i) finding out whether the person is the person stated in, or described by, the preventative detention order; or\n- (ii) if the person is the person described by the order—finding out the person’s identity; or\n- (iii) ensuring the safety and well being of the person being detained; and\n- (a) a period of 12 months after the recording is made;\n- (b) if court proceedings relating to the order are conducted at any time during the 12 month period—the court proceedings;\n- (c) if a police investigation relating to the order is conducted at any time during the 12 month period—the investigation and any court proceedings relating to the investigation.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Offences of contravening safeguards","content":"### sec.54 Offences of contravening safeguards\n\nA person commits an offence if the person contravenes—\nsection 47 (1) (Effect of initial order to be explained to person detained); or\nsection 48 (1) (Effect of final order to be explained to person detained); or\nsection 49 (Person being detained to be informed of extension of preventative detention order); or\nsection 52 (Humane treatment of person being detained); or\nsection 53 (1) or (2) (Restrictions on questioning detained person); or\nsection 69 (1) , (4) or (6) (Taking identifying particulars); or\nsection 70 (2) (Use of identifying particulars).\nMaximum penalty—2 years imprisonment.\ns 54 amd 2007 No. 34 ss 35 , 18 sch\n- (a) section 47 (1) (Effect of initial order to be explained to person detained); or\n- (b) section 48 (1) (Effect of final order to be explained to person detained); or\n- (c) section 49 (Person being detained to be informed of extension of preventative detention order); or\n- (d) section 52 (Humane treatment of person being detained); or\n- (e) section 53 (1) or (2) (Restrictions on questioning detained person); or\n- (f) section 69 (1) , (4) or (6) (Taking identifying particulars); or\n- (g) section 70 (2) (Use of identifying particulars).","sortOrder":70},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Contact provisions","content":"## Contact provisions","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Restriction on contact with other people","content":"### sec.55 Restriction on contact with other people\n\nOther than as provided by this division, while a person is being detained under a preventative detention order, the person—\nis not entitled to contact another person; and\nmay be prevented from contacting another person.\nThis section will not apply to the person if the person is released from detention under the order, even though the order may still be in force in relation to the person.\nA person’s entitlement to contact other people under sections 56 , 58 and 60 may be subject to a prohibited contact order made under section 32 or 33 (see section 63 ).\n- (a) is not entitled to contact another person; and\n- (b) may be prevented from contacting another person.\n- 1 This section will not apply to the person if the person is released from detention under the order, even though the order may still be in force in relation to the person.\n- 2 A person’s entitlement to contact other people under sections 56 , 58 and 60 may be subject to a prohibited contact order made under section 32 or 33 (see section 63 ).","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Contacting family members etc.","content":"### sec.56 Contacting family members etc.\n\nThe person being detained is entitled to contact by telephone or fax—\na parent or guardian of the person or 1 of the person’s other family members; and\nif the person—\nlives with another person and that other person is not a family member of the person being detained; or\nlives with other people and those other people are not family members of the person being detained;\nthat other person or one of those other people; and\nif the person is employed—the person’s employer; and\nif the person employs people in a business—one of the people the person employs in that business; and\nif the person engages in a business together with another person or other people—that other person or one of those other people; and\nif the police officer detaining the person being detained agrees to the person contacting another person—that person;\nbut solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being while the person is being detained under a preventative detention order for up to 14 days.\nTo remove any doubt, it is declared that, if the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 63 , to contact under subsection (1) each of those parents or guardians.\nIn this section—\nfamily member of a person means—\nthe person’s spouse; or\na parent, step-parent or grandparent of the person; or\na child, step-child or grandchild of the person; or\na brother, sister, step-brother or step-sister of the person; or\na guardian or carer of the person.\ns 56 amd 2024 No. 24 ss 56 , 57 s ch 1 pt 2\n(sec.56-ssec.1) The person being detained is entitled to contact by telephone or fax— a parent or guardian of the person or 1 of the person’s other family members; and if the person— lives with another person and that other person is not a family member of the person being detained; or lives with other people and those other people are not family members of the person being detained; that other person or one of those other people; and if the person is employed—the person’s employer; and if the person employs people in a business—one of the people the person employs in that business; and if the person engages in a business together with another person or other people—that other person or one of those other people; and if the police officer detaining the person being detained agrees to the person contacting another person—that person; but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being while the person is being detained under a preventative detention order for up to 14 days.\n(sec.56-ssec.2) To remove any doubt, it is declared that, if the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 63 , to contact under subsection (1) each of those parents or guardians.\n(sec.56-ssec.3) In this section— family member of a person means— the person’s spouse; or a parent, step-parent or grandparent of the person; or a child, step-child or grandchild of the person; or a brother, sister, step-brother or step-sister of the person; or a guardian or carer of the person.\n- (a) a parent or guardian of the person or 1 of the person’s other family members; and\n- (b) if the person— (i) lives with another person and that other person is not a family member of the person being detained; or (ii) lives with other people and those other people are not family members of the person being detained; that other person or one of those other people; and\n- (i) lives with another person and that other person is not a family member of the person being detained; or\n- (ii) lives with other people and those other people are not family members of the person being detained;\n- (c) if the person is employed—the person’s employer; and\n- (d) if the person employs people in a business—one of the people the person employs in that business; and\n- (e) if the person engages in a business together with another person or other people—that other person or one of those other people; and\n- (f) if the police officer detaining the person being detained agrees to the person contacting another person—that person;\n- (i) lives with another person and that other person is not a family member of the person being detained; or\n- (ii) lives with other people and those other people are not family members of the person being detained;\n- (a) the person’s spouse; or\n- (b) a parent, step-parent or grandparent of the person; or\n- (c) a child, step-child or grandchild of the person; or\n- (d) a brother, sister, step-brother or step-sister of the person; or\n- (e) a guardian or carer of the person.","sortOrder":73},{"sectionNumber":"sec.57","sectionType":"section","heading":"Contacting ombudsman and Crime and Corruption Commission","content":"### sec.57 Contacting ombudsman and Crime and Corruption Commission\n\nThe person being detained is entitled to contact the ombudsman and the Crime and Corruption Commission.\nThe contact authorised under subsection (1) includes all contact necessary for the ombudsman or the Crime and Corruption Commission to perform their functions under an Act.\nThe provisions of the Ombudsman Act 2001 relating to the functions and powers of the ombudsman extend to the ombudsman’s functions and powers under this Act, despite any reference in that Act to a function or power that is expressed as a function or power under that Act.\ns 57 amd 2014 No. 21 s 94 (2) sch 2\n(sec.57-ssec.1) The person being detained is entitled to contact the ombudsman and the Crime and Corruption Commission.\n(sec.57-ssec.2) The contact authorised under subsection (1) includes all contact necessary for the ombudsman or the Crime and Corruption Commission to perform their functions under an Act.\n(sec.57-ssec.3) The provisions of the Ombudsman Act 2001 relating to the functions and powers of the ombudsman extend to the ombudsman’s functions and powers under this Act, despite any reference in that Act to a function or power that is expressed as a function or power under that Act.","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":"Contacting lawyer","content":"### sec.58 Contacting lawyer\n\nThe person being detained is entitled to contact a lawyer on any matter.\nIf a police officer detaining a person under a preventative detention order has reasonable grounds to believe that the person—\nis unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in the language; and\ntherefore may have difficulties in choosing or contacting a lawyer;\nthe police officer must give reasonable assistance to the person to choose and contact a lawyer under subsection (1) , including by arranging for the assistance of an interpreter.\nThe form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes—\nbeing visited by the lawyer; and\ncommunicating with the lawyer by telephone or fax.\nIf—\nthe person being detained asks to be allowed to contact a particular lawyer under subsection (1) ; and\neither—\nthe person is not entitled to contact that lawyer because of section 63 ; or\nthe person is not able to contact that lawyer;\nthe police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1) .\nIn recommending lawyers to the person being detained as part of giving the person assistance under subsection (3) , the police officer who is detaining the person may give priority to security-cleared lawyers.\nDespite subsection (4) but subject to section 63 , the person being detained is entitled under this section to contact a lawyer who is not a security-cleared lawyer.\ns 58 amd 2007 No. 34 s 36\n(sec.58-ssec.1) The person being detained is entitled to contact a lawyer on any matter.\n(sec.58-ssec.1A) If a police officer detaining a person under a preventative detention order has reasonable grounds to believe that the person— is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in the language; and therefore may have difficulties in choosing or contacting a lawyer; the police officer must give reasonable assistance to the person to choose and contact a lawyer under subsection (1) , including by arranging for the assistance of an interpreter.\n(sec.58-ssec.2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes— being visited by the lawyer; and communicating with the lawyer by telephone or fax.\n(sec.58-ssec.3) If— the person being detained asks to be allowed to contact a particular lawyer under subsection (1) ; and either— the person is not entitled to contact that lawyer because of section 63 ; or the person is not able to contact that lawyer; the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1) .\n(sec.58-ssec.4) In recommending lawyers to the person being detained as part of giving the person assistance under subsection (3) , the police officer who is detaining the person may give priority to security-cleared lawyers.\n(sec.58-ssec.5) Despite subsection (4) but subject to section 63 , the person being detained is entitled under this section to contact a lawyer who is not a security-cleared lawyer.\n- (a) is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in the language; and\n- (b) therefore may have difficulties in choosing or contacting a lawyer;\n- (a) being visited by the lawyer; and\n- (b) communicating with the lawyer by telephone or fax.\n- (a) the person being detained asks to be allowed to contact a particular lawyer under subsection (1) ; and\n- (b) either— (i) the person is not entitled to contact that lawyer because of section 63 ; or (ii) the person is not able to contact that lawyer;\n- (i) the person is not entitled to contact that lawyer because of section 63 ; or\n- (ii) the person is not able to contact that lawyer;\n- (i) the person is not entitled to contact that lawyer because of section 63 ; or\n- (ii) the person is not able to contact that lawyer;","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":"Monitoring contact under s 56 , 58 or 61","content":"### sec.59 Monitoring contact under s 56 , 58 or 61\n\nThe contact the person being detained has with another person under section 56 , 58 (subject to section 59A ) or 61 may take place only if it is conducted in a way that ensures that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.\nThe contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.\nWithout limiting subsection (2) , the interpreter mentioned in that subsection may be a police officer.\nIf the person being detained indicates that the person wishes the contact to take place in a language other than English, the police officer who is detaining the person must—\narrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\nif it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.\nA communication between—\na person who is being detained under a preventative detention order; and\na lawyer;\nmentioned in section 58 (1) is not admissible in evidence against the person in any proceedings in a court.\nIn this section—\nlistening device see the Police Powers and Responsibilities Act 2000 , schedule 6 .\nmonitored means monitored directly by a person who is present and not by way of a listening device.\ns 59 amd 2007 No. 34 s 37 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.59-ssec.1) The contact the person being detained has with another person under section 56 , 58 (subject to section 59A ) or 61 may take place only if it is conducted in a way that ensures that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.\n(sec.59-ssec.2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.\n(sec.59-ssec.3) Without limiting subsection (2) , the interpreter mentioned in that subsection may be a police officer.\n(sec.59-ssec.4) If the person being detained indicates that the person wishes the contact to take place in a language other than English, the police officer who is detaining the person must— arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.\n(sec.59-ssec.5) A communication between— a person who is being detained under a preventative detention order; and a lawyer; mentioned in section 58 (1) is not admissible in evidence against the person in any proceedings in a court.\n(sec.59-ssec.6) In this section— listening device see the Police Powers and Responsibilities Act 2000 , schedule 6 . monitored means monitored directly by a person who is present and not by way of a listening device.\n- (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n- (b) if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.\n- (a) a person who is being detained under a preventative detention order; and\n- (b) a lawyer;","sortOrder":76},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Restrictions on monitoring contact with lawyer","content":"### sec.59A Restrictions on monitoring contact with lawyer\n\nSection 59 (1) to (3) does not apply to the contact that the person being detained has under section 58 with a security-cleared lawyer.\nHowever, if a person is detained under a final order, the issuing authority may make an order on application by a police officer that section 59 (1) to (3) applies to contact with the person.\nAn application under subsection (2) may be made when the final order is made or at any time after the final order is made.\nIf practicable, the application must be made to the issuing authority that makes the final order.\nThe application may only be made on notice to the lawyer.\nAt the hearing of the application, the lawyer is entitled to question a person giving information to the issuing authority and to make representations.\nSubsection (6) does not require any information to be disclosed—\nif the disclosure of the information is likely to prejudice national security; or\nif the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 (Protection of methodologies).\nThe issuing authority may make the order only if it is satisfied on reasonable grounds that making the monitoring order will assist in achieving the purpose for which the preventative detention order was made.\ns 59A ins 2007 No. 34 s 38\n(sec.59A-ssec.1) Section 59 (1) to (3) does not apply to the contact that the person being detained has under section 58 with a security-cleared lawyer.\n(sec.59A-ssec.2) However, if a person is detained under a final order, the issuing authority may make an order on application by a police officer that section 59 (1) to (3) applies to contact with the person.\n(sec.59A-ssec.3) An application under subsection (2) may be made when the final order is made or at any time after the final order is made.\n(sec.59A-ssec.4) If practicable, the application must be made to the issuing authority that makes the final order.\n(sec.59A-ssec.5) The application may only be made on notice to the lawyer.\n(sec.59A-ssec.6) At the hearing of the application, the lawyer is entitled to question a person giving information to the issuing authority and to make representations.\n(sec.59A-ssec.7) Subsection (6) does not require any information to be disclosed— if the disclosure of the information is likely to prejudice national security; or if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 (Protection of methodologies).\n(sec.59A-ssec.8) The issuing authority may make the order only if it is satisfied on reasonable grounds that making the monitoring order will assist in achieving the purpose for which the preventative detention order was made.\n- (a) if the disclosure of the information is likely to prejudice national security; or\n- (b) if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000 , section 803 (Protection of methodologies).","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":"Special contact rules for child or person of impaired capacity","content":"### sec.60 Special contact rules for child or person of impaired capacity\n\nThis section applies if the person being detained under a preventative detention order—\nis a child; or\nis of impaired capacity.\nThe person is entitled, while being detained under the order, to have contact with—\na parent or guardian of the person; or\nanother person who—\nis able to represent the person’s interests; and\nis, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and\nis not a member of the police service; and\nis not an AFP member or AFP employee; and\nis not a member, however described, of a police force of another State; and\nis not an officer or employee of ASIO.\nTo remove any doubt, it is declared that—\nif the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 63 , to have contact under subsection (2) with each of those parents or guardians; and\nthe detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2) —\nthe fact that a preventative detention order has been made in relation to the detainee;\nthe fact that the detainee is being detained;\nthe period for which the detainee is being detained.\nThe form of contact that the person being detained is entitled to have with another person under subsection (2) includes—\nbeing visited by that other person; and\ncommunicating with that other person by telephone or fax.\nThe period for which the person being detained is entitled to have contact with another person each day under subsection (2) is—\n2 hours; or\na longer period stated in the preventative detention order.\nSee sections 17 (7) and 25 (8) .\nTo remove any doubt, it is declared that the first contact a person is entitled to have with another person under subsection (5) is one that takes place within 24 hours after the person is detained.\nDespite subsection (5) , the police officer who is detaining the person may permit the person to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5) .\nThe contact that the person being detained has with another person under subsection (2) must be conducted in a way that ensures that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the preventative detention order.\nIf the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.\nWithout limiting subsection (9) , the interpreter mentioned in that subsection may be a police officer.\nIf the person being detained indicates that the person wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must—\narrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\nif services are to be provided under paragraph (a) —arrange for those services to be provided as soon as practicable.\ns 60 amd 2007 No. 34 s 18 sch ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.60-ssec.1) This section applies if the person being detained under a preventative detention order— is a child; or is of impaired capacity.\n(sec.60-ssec.2) The person is entitled, while being detained under the order, to have contact with— a parent or guardian of the person; or another person who— is able to represent the person’s interests; and is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and is not a member of the police service; and is not an AFP member or AFP employee; and is not a member, however described, of a police force of another State; and is not an officer or employee of ASIO.\n(sec.60-ssec.3) To remove any doubt, it is declared that— if the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 63 , to have contact under subsection (2) with each of those parents or guardians; and the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2) — the fact that a preventative detention order has been made in relation to the detainee; the fact that the detainee is being detained; the period for which the detainee is being detained.\n(sec.60-ssec.4) The form of contact that the person being detained is entitled to have with another person under subsection (2) includes— being visited by that other person; and communicating with that other person by telephone or fax.\n(sec.60-ssec.5) The period for which the person being detained is entitled to have contact with another person each day under subsection (2) is— 2 hours; or a longer period stated in the preventative detention order. See sections 17 (7) and 25 (8) .\n(sec.60-ssec.6) To remove any doubt, it is declared that the first contact a person is entitled to have with another person under subsection (5) is one that takes place within 24 hours after the person is detained.\n(sec.60-ssec.7) Despite subsection (5) , the police officer who is detaining the person may permit the person to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5) .\n(sec.60-ssec.8) The contact that the person being detained has with another person under subsection (2) must be conducted in a way that ensures that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the preventative detention order.\n(sec.60-ssec.9) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.\n(sec.60-ssec.10) Without limiting subsection (9) , the interpreter mentioned in that subsection may be a police officer.\n(sec.60-ssec.11) If the person being detained indicates that the person wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must— arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and if services are to be provided under paragraph (a) —arrange for those services to be provided as soon as practicable.\n- (a) is a child; or\n- (b) is of impaired capacity.\n- (a) a parent or guardian of the person; or\n- (b) another person who— (i) is able to represent the person’s interests; and (ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and (iii) is not a member of the police service; and (iv) is not an AFP member or AFP employee; and (v) is not a member, however described, of a police force of another State; and (vi) is not an officer or employee of ASIO.\n- (i) is able to represent the person’s interests; and\n- (ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and\n- (iii) is not a member of the police service; and\n- (iv) is not an AFP member or AFP employee; and\n- (v) is not a member, however described, of a police force of another State; and\n- (vi) is not an officer or employee of ASIO.\n- (i) is able to represent the person’s interests; and\n- (ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and\n- (iii) is not a member of the police service; and\n- (iv) is not an AFP member or AFP employee; and\n- (v) is not a member, however described, of a police force of another State; and\n- (vi) is not an officer or employee of ASIO.\n- (a) if the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 63 , to have contact under subsection (2) with each of those parents or guardians; and\n- (b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2) — (i) the fact that a preventative detention order has been made in relation to the detainee; (ii) the fact that the detainee is being detained; (iii) the period for which the detainee is being detained.\n- (i) the fact that a preventative detention order has been made in relation to the detainee;\n- (ii) the fact that the detainee is being detained;\n- (iii) the period for which the detainee is being detained.\n- (i) the fact that a preventative detention order has been made in relation to the detainee;\n- (ii) the fact that the detainee is being detained;\n- (iii) the period for which the detainee is being detained.\n- (a) being visited by that other person; and\n- (b) communicating with that other person by telephone or fax.\n- (a) 2 hours; or\n- (b) a longer period stated in the preventative detention order.\n- (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n- (b) if services are to be provided under paragraph (a) —arrange for those services to be provided as soon as practicable.","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"Particular persons to be contacted by relevant chief executive","content":"### sec.61 Particular persons to be contacted by relevant chief executive\n\nThis section also applies if the police officer detaining a person under a preventative detention order believes or suspects the person—\nis a child; or\nis of impaired capacity; or\nhas a mental illness.\nAs soon as possible after the person is detained under the order, the police officer detaining the person must notify the relevant chief executive.\nThe relevant chief executive may have the contact with the person—\nthat is necessary to ensure the person understands the effect of the order; and\nthat is necessary to find out anything about the welfare of the person.\nThe first contact under subsection (3) must be within 24 hours after each of the following—\nthe person being taken into custody under an initial order;\nthe person being further detained under the extension or further extension of an initial order;\nthe person being taken into custody or further detained under a final order;\nthe person being further detained under an extension or further extension of a final order.\nDespite subsection (4) , the first contact mentioned in the subsection—\nif the preventative detention order is an initial order—must not take place if the issuing authority makes an order to that effect under section 17 (8) or section 21 (4) ; or\nif the preventative detention order is a final order—must take place within a period after the 24 hour period mentioned in the subsection, if the issuing authority makes an order to that effect under section 25 (9) or section 31 (4) .\nA single contact may satisfy more than 1 requirement for contact under subsection (4) .\nThe relevant chief executive must give reasonable notice before making contact with a person for this section under arrangements decided between the chief executive and the police officer detaining the person.\ns 61 amd 2007 No. 34 s 39\n(sec.61-ssec.1) This section also applies if the police officer detaining a person under a preventative detention order believes or suspects the person— is a child; or is of impaired capacity; or has a mental illness.\n(sec.61-ssec.2) As soon as possible after the person is detained under the order, the police officer detaining the person must notify the relevant chief executive.\n(sec.61-ssec.3) The relevant chief executive may have the contact with the person— that is necessary to ensure the person understands the effect of the order; and that is necessary to find out anything about the welfare of the person.\n(sec.61-ssec.4) The first contact under subsection (3) must be within 24 hours after each of the following— the person being taken into custody under an initial order; the person being further detained under the extension or further extension of an initial order; the person being taken into custody or further detained under a final order; the person being further detained under an extension or further extension of a final order.\n(sec.61-ssec.5) Despite subsection (4) , the first contact mentioned in the subsection— if the preventative detention order is an initial order—must not take place if the issuing authority makes an order to that effect under section 17 (8) or section 21 (4) ; or if the preventative detention order is a final order—must take place within a period after the 24 hour period mentioned in the subsection, if the issuing authority makes an order to that effect under section 25 (9) or section 31 (4) .\n(sec.61-ssec.6) A single contact may satisfy more than 1 requirement for contact under subsection (4) .\n(sec.61-ssec.7) The relevant chief executive must give reasonable notice before making contact with a person for this section under arrangements decided between the chief executive and the police officer detaining the person.\n- (a) is a child; or\n- (b) is of impaired capacity; or\n- (c) has a mental illness.\n- (a) that is necessary to ensure the person understands the effect of the order; and\n- (b) that is necessary to find out anything about the welfare of the person.\n- (a) the person being taken into custody under an initial order;\n- (b) the person being further detained under the extension or further extension of an initial order;\n- (c) the person being taken into custody or further detained under a final order;\n- (d) the person being further detained under an extension or further extension of a final order.\n- (a) if the preventative detention order is an initial order—must not take place if the issuing authority makes an order to that effect under section 17 (8) or section 21 (4) ; or\n- (b) if the preventative detention order is a final order—must take place within a period after the 24 hour period mentioned in the subsection, if the issuing authority makes an order to that effect under section 25 (9) or section 31 (4) .","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"The relevant chief executive and the chief executive’s delegate","content":"### sec.62 The relevant chief executive and the chief executive’s delegate\n\nFor section 61 , for a person being detained under a preventative detention order, the relevant chief executive is the following chief executive—\nfor a person who is or is suspected to be a child—the chief executive within the meaning of the Youth Justice Act 1992 ;\nfor a person who is or is suspected to be a person of impaired capacity—the chief executive within the meaning of the Disability Services Act 2006 ;\nfor a person who has or is suspected to have, a mental illness—the chief executive of the department within which the Mental Health Act 2016 is administered.\nThe relevant chief executive’s power to delegate a function under the following provisions includes the power to delegate the functions of the chief executive under section 61 —\nthe Disability Services Act 2006 , section 235\nthe Youth Justice Act 1992 , section 312\nthe Public Sector Act 2022 , section 282 .\nHowever, the relevant chief executive may only delegate functions under section 61 to a person with the approval of—\nthe police commissioner; and\nthe chief executive of the department responsible for administering the Act under which is established or controlled the place where the person detained under the order is detained.\nIn this section—\nfunction includes power.\ns 62 amd 2006 No. 12 s 241 sch 1 , s 333 sch 2 (amd 2014 No. 12 ss 73 – 74 ); 2007 No. 34 s 40 ; 2009 No. 25 s 83 sch ; 2009 No. 34 s 45 (1) sch pt 1 amdt 32; 2016 No. 5 s 923 sch 4 ; 2022 No. 34 s 365 sch 3\n(sec.62-ssec.1) For section 61 , for a person being detained under a preventative detention order, the relevant chief executive is the following chief executive— for a person who is or is suspected to be a child—the chief executive within the meaning of the Youth Justice Act 1992 ; for a person who is or is suspected to be a person of impaired capacity—the chief executive within the meaning of the Disability Services Act 2006 ; for a person who has or is suspected to have, a mental illness—the chief executive of the department within which the Mental Health Act 2016 is administered.\n(sec.62-ssec.2) The relevant chief executive’s power to delegate a function under the following provisions includes the power to delegate the functions of the chief executive under section 61 — the Disability Services Act 2006 , section 235 the Youth Justice Act 1992 , section 312 the Public Sector Act 2022 , section 282 .\n(sec.62-ssec.3) However, the relevant chief executive may only delegate functions under section 61 to a person with the approval of— the police commissioner; and the chief executive of the department responsible for administering the Act under which is established or controlled the place where the person detained under the order is detained.\n(sec.62-ssec.4) In this section— function includes power.\n- (a) for a person who is or is suspected to be a child—the chief executive within the meaning of the Youth Justice Act 1992 ;\n- (b) for a person who is or is suspected to be a person of impaired capacity—the chief executive within the meaning of the Disability Services Act 2006 ;\n- (c) for a person who has or is suspected to have, a mental illness—the chief executive of the department within which the Mental Health Act 2016 is administered.\n- • the Disability Services Act 2006 , section 235\n- • the Youth Justice Act 1992 , section 312\n- • the Public Sector Act 2022 , section 282 .\n- (a) the police commissioner; and\n- (b) the chief executive of the department responsible for administering the Act under which is established or controlled the place where the person detained under the order is detained.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Entitlement to contact subject to prohibited contact order","content":"### sec.63 Entitlement to contact subject to prohibited contact order\n\nSections 56 , 58 and 60 have effect subject to any prohibited contact order made in relation to the person’s detention.","sortOrder":81},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Disclosure offences","content":"## Disclosure offences","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Lawyer","content":"### sec.64 Lawyer\n\nA person (the lawyer ) commits an offence if—\na person being detained under a preventative detention order (the detainee ) contacts the lawyer under section 58 ; and\nthe lawyer discloses to another person—\nthe fact that a preventative detention order has been made in relation to the detainee; or\nthe fact that the detainee is being detained; or\nthe period for which the detainee is being detained; or\nany information that the detainee gives the lawyer in the course of the contact; and\nthe disclosure occurs while the detainee is being detained under the order; and\nthe disclosure is not made for the purpose of—\nan application for—\nthe making of a preventative detention order for the detainee; or\nthe revocation or variation of a preventative detention order made for the detainee; or\nany proceedings in a court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\na complaint to the ombudsman or Crime and Corruption Commission in relation to the application for, or making of, the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\nmaking representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order; or\nA lawyer briefs another lawyer in relation to work to be done for the detainee by the other lawyer in relation to an application, proceeding, complaint or representation mentioned in the subparagraphs.\nan application for legal assistance; and\nthe lawyer knows or should have known the disclosure is unlawful.\nMaximum penalty—2 years imprisonment.\ns 64 amd 2007 No. 34 ss 41 , 18 sch ; 2014 No. 21 s 94 (2) sch 2\n- (a) a person being detained under a preventative detention order (the detainee ) contacts the lawyer under section 58 ; and\n- (b) the lawyer discloses to another person— (i) the fact that a preventative detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being detained; or (iii) the period for which the detainee is being detained; or (iv) any information that the detainee gives the lawyer in the course of the contact; and\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the detainee gives the lawyer in the course of the contact; and\n- (c) the disclosure occurs while the detainee is being detained under the order; and\n- (d) the disclosure is not made for the purpose of— (i) an application for— (A) the making of a preventative detention order for the detainee; or (B) the revocation or variation of a preventative detention order made for the detainee; or (ii) any proceedings in a court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or (iii) a complaint to the ombudsman or Crime and Corruption Commission in relation to the application for, or making of, the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or (iv) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order; or Example of a disclosure made for a purpose mentioned in subparagraphs (i) to (iv) — A lawyer briefs another lawyer in relation to work to be done for the detainee by the other lawyer in relation to an application, proceeding, complaint or representation mentioned in the subparagraphs. (v) an application for legal assistance; and\n- (i) an application for— (A) the making of a preventative detention order for the detainee; or (B) the revocation or variation of a preventative detention order made for the detainee; or\n- (A) the making of a preventative detention order for the detainee; or\n- (B) the revocation or variation of a preventative detention order made for the detainee; or\n- (ii) any proceedings in a court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\n- (iii) a complaint to the ombudsman or Crime and Corruption Commission in relation to the application for, or making of, the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\n- (iv) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order; or Example of a disclosure made for a purpose mentioned in subparagraphs (i) to (iv) — A lawyer briefs another lawyer in relation to work to be done for the detainee by the other lawyer in relation to an application, proceeding, complaint or representation mentioned in the subparagraphs.\n- (v) an application for legal assistance; and\n- (e) the lawyer knows or should have known the disclosure is unlawful.\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the detainee gives the lawyer in the course of the contact; and\n- (i) an application for— (A) the making of a preventative detention order for the detainee; or (B) the revocation or variation of a preventative detention order made for the detainee; or\n- (A) the making of a preventative detention order for the detainee; or\n- (B) the revocation or variation of a preventative detention order made for the detainee; or\n- (ii) any proceedings in a court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\n- (iii) a complaint to the ombudsman or Crime and Corruption Commission in relation to the application for, or making of, the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or\n- (iv) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order; or Example of a disclosure made for a purpose mentioned in subparagraphs (i) to (iv) — A lawyer briefs another lawyer in relation to work to be done for the detainee by the other lawyer in relation to an application, proceeding, complaint or representation mentioned in the subparagraphs.\n- (v) an application for legal assistance; and\n- (A) the making of a preventative detention order for the detainee; or\n- (B) the revocation or variation of a preventative detention order made for the detainee; or","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Parent/guardian","content":"### sec.65 Parent/guardian\n\nA person (the parent/guardian ) commits an offence if—\na person being detained under a preventative detention order (the detainee ) has contact with the parent/guardian under section 60 ; and\nthe parent/guardian discloses to another person—\nthe fact that a preventative detention order has been made in relation to the detainee; or\nthe fact that the detainee is being detained; or\nthe period for which the detainee is being detained; or\nany information that the detainee gives the parent/guardian in the course of the contact; and\nthe other person is not a person with whom the detainee has also had contact under section 58 or 60 while being detained under the order; and\nthe disclosure occurs while the detainee is being detained under the order; and\nthe disclosure is not made for the purpose of—\na complaint to the ombudsman or the Crime and Corruption Commission in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or\nmaking representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order; and\nthe parent/guardian knows or should have known the disclosure is unlawful.\nMaximum penalty—2 years imprisonment.\nTo remove any doubt, it is declared that a person does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for the time being.\ns 65 amd 2007 No. 34 ss 42 , 18 sch ; 2014 No. 21 s 94 (2) sch 2\n(sec.65-ssec.1) A person (the parent/guardian ) commits an offence if— a person being detained under a preventative detention order (the detainee ) has contact with the parent/guardian under section 60 ; and the parent/guardian discloses to another person— the fact that a preventative detention order has been made in relation to the detainee; or the fact that the detainee is being detained; or the period for which the detainee is being detained; or any information that the detainee gives the parent/guardian in the course of the contact; and the other person is not a person with whom the detainee has also had contact under section 58 or 60 while being detained under the order; and the disclosure occurs while the detainee is being detained under the order; and the disclosure is not made for the purpose of— a complaint to the ombudsman or the Crime and Corruption Commission in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order; and the parent/guardian knows or should have known the disclosure is unlawful. Maximum penalty—2 years imprisonment.\n(sec.65-ssec.2) To remove any doubt, it is declared that a person does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for the time being.\n- (a) a person being detained under a preventative detention order (the detainee ) has contact with the parent/guardian under section 60 ; and\n- (b) the parent/guardian discloses to another person— (i) the fact that a preventative detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being detained; or (iii) the period for which the detainee is being detained; or (iv) any information that the detainee gives the parent/guardian in the course of the contact; and\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the detainee gives the parent/guardian in the course of the contact; and\n- (c) the other person is not a person with whom the detainee has also had contact under section 58 or 60 while being detained under the order; and\n- (d) the disclosure occurs while the detainee is being detained under the order; and\n- (e) the disclosure is not made for the purpose of— (i) a complaint to the ombudsman or the Crime and Corruption Commission in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or (ii) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order; and\n- (i) a complaint to the ombudsman or the Crime and Corruption Commission in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or\n- (ii) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order; and\n- (f) the parent/guardian knows or should have known the disclosure is unlawful.\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the detainee gives the parent/guardian in the course of the contact; and\n- (i) a complaint to the ombudsman or the Crime and Corruption Commission in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or\n- (ii) making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order; and","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Interpreter","content":"### sec.66 Interpreter\n\nA person (the interpreter ) commits an offence if—\nthe interpreter is an interpreter who assists in monitoring the contact that a person being detained under a preventative detention order (the detainee ) has with someone while the detainee is being detained under the order; and\nthe interpreter discloses to another person—\nthe fact that a preventative detention order has been made in relation to the detainee; or\nthe fact that the detainee is being detained; or\nthe period for which the detainee is being detained; or\nany information that the interpreter obtains in the course of assisting in the monitoring of that contact; and\nthe disclosure occurs while the detainee is being detained under the order; and\nthe interpreter knows or should have known the disclosure is unlawful.\nMaximum penalty—2 years imprisonment.\ns 66 amd 2007 No. 34 s 18 sch\n- (a) the interpreter is an interpreter who assists in monitoring the contact that a person being detained under a preventative detention order (the detainee ) has with someone while the detainee is being detained under the order; and\n- (b) the interpreter discloses to another person— (i) the fact that a preventative detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being detained; or (iii) the period for which the detainee is being detained; or (iv) any information that the interpreter obtains in the course of assisting in the monitoring of that contact; and\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the interpreter obtains in the course of assisting in the monitoring of that contact; and\n- (c) the disclosure occurs while the detainee is being detained under the order; and\n- (d) the interpreter knows or should have known the disclosure is unlawful.\n- (i) the fact that a preventative detention order has been made in relation to the detainee; or\n- (ii) the fact that the detainee is being detained; or\n- (iii) the period for which the detainee is being detained; or\n- (iv) any information that the interpreter obtains in the course of assisting in the monitoring of that contact; and","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Disclosure recipient","content":"### sec.67 Disclosure recipient\n\nA person (the disclosure recipient ) commits an offence if—\na person (the earlier discloser ) discloses to the disclosure recipient—\nthe fact that a preventative detention order has been made in relation to a person; or\nthe fact that a person is being detained under a preventative detention order; or\nthe period for which a person is being detained under a preventative detention order; or\nany information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and\nthe disclosure by the earlier discloser to the disclosure recipient contravenes—\nsection 64 , 65 or 66 ; or\nthis section; and\nthe disclosure recipient discloses that information to another person; and\nthe disclosure by the disclosure recipient occurs while the person mentioned in paragraph (a) (i) , (ii) , (iii) or (iv) is being detained under the order; and\nthe disclosure recipient knows or should have known the disclosure is unlawful.\nMaximum penalty—2 years imprisonment.\ns 67 amd 2007 No. 34 s 18 sch\n- (a) a person (the earlier discloser ) discloses to the disclosure recipient— (i) the fact that a preventative detention order has been made in relation to a person; or (ii) the fact that a person is being detained under a preventative detention order; or (iii) the period for which a person is being detained under a preventative detention order; or (iv) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and\n- (i) the fact that a preventative detention order has been made in relation to a person; or\n- (ii) the fact that a person is being detained under a preventative detention order; or\n- (iii) the period for which a person is being detained under a preventative detention order; or\n- (iv) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and\n- (b) the disclosure by the earlier discloser to the disclosure recipient contravenes— (i) section 64 , 65 or 66 ; or (ii) this section; and\n- (i) section 64 , 65 or 66 ; or\n- (ii) this section; and\n- (c) the disclosure recipient discloses that information to another person; and\n- (d) the disclosure by the disclosure recipient occurs while the person mentioned in paragraph (a) (i) , (ii) , (iii) or (iv) is being detained under the order; and\n- (e) the disclosure recipient knows or should have known the disclosure is unlawful.\n- (i) the fact that a preventative detention order has been made in relation to a person; or\n- (ii) the fact that a person is being detained under a preventative detention order; or\n- (iii) the period for which a person is being detained under a preventative detention order; or\n- (iv) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and\n- (i) section 64 , 65 or 66 ; or\n- (ii) this section; and","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Persons who monitor","content":"### sec.68 Persons who monitor\n\nA person commits an offence if—\nthe person is—\na police officer who monitors; or\nan interpreter who assists in monitoring;\ncontact that a person being detained under a preventative detention order (the detainee ) has with a lawyer under section 58 while the detainee is being detained under the order; and\ninformation is communicated in the course of that contact; and\nthe information is communicated for one of the purposes mentioned in section 58 (1) ; and\nthe person discloses that information to another person; and\nthe person knows or should have known the disclosure is unlawful.\nMaximum penalty—2 years imprisonment.\nSee also section 59 (5) .\ns 68 amd 2007 No. 34 s 18 sch\n- (a) the person is— (i) a police officer who monitors; or (ii) an interpreter who assists in monitoring; contact that a person being detained under a preventative detention order (the detainee ) has with a lawyer under section 58 while the detainee is being detained under the order; and\n- (i) a police officer who monitors; or\n- (ii) an interpreter who assists in monitoring;\n- (b) information is communicated in the course of that contact; and\n- (c) the information is communicated for one of the purposes mentioned in section 58 (1) ; and\n- (d) the person discloses that information to another person; and\n- (e) the person knows or should have known the disclosure is unlawful.\n- (i) a police officer who monitors; or\n- (ii) an interpreter who assists in monitoring;","sortOrder":87},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Identifying particulars","content":"## Identifying particulars","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Taking identifying particulars","content":"### sec.69 Taking identifying particulars\n\nA police officer must not take identifying particulars from a person who is being detained under a preventative detention order other than under this section.\nThis section will not apply to a person if the person is released from detention under the order, even though the order may still be in force for the person.\nA contravention of this subsection may be an offence under section 54 .\nA police officer who is of the rank of sergeant or higher may take identifying particulars from the person, or cause identifying particulars to be taken from the person, if—\nthe person consents in writing; or\nthe police officer believes on reasonable grounds that it is necessary to do so for the purpose of—\nconfirming the person’s identity as the person stated in, or described by, the order; or\nif the person is the person described by the order—finding out the person’s identity.\nA police officer may use the force that is necessary and reasonable in the circumstances to take identifying particulars from a person under this section.\nSubject to this section, a police officer must not take identifying particulars, other than palm prints, fingerprints, or footprints, from the person if the person—\nis a child; or\nis of impaired capacity;\nunless a magistrate orders that the particulars be taken.\nA contravention of this subsection may be an offence under section 54 .\nIn deciding whether to make an order, the magistrate must have regard to—\nthe age, or any impaired capacity, of the person; and\nany other matters the magistrate considers appropriate.\nThe taking of identifying particulars from a person who—\nis a child; or\nis of impaired capacity;\nmust be done in the presence of—\na parent or guardian of the person; or\nif a parent or guardian of the person is not acceptable to the person—another appropriate person.\nFor appropriate person , see subsection (12) .\nA contravention of this subsection may be an offence under section 54 .\nDespite this section, identifying particulars may be taken from a person who is a child and is capable of managing the person’s affairs if—\nsubsections (9) and (10) are satisfied; or\nsubsection (9) or (10) is satisfied, but not both, and a magistrate orders that the particulars be taken.\nIn deciding whether to make an order, the magistrate must have regard to the matters stated in subsection (5) .\nThis subsection applies if the person agrees in writing to the taking of the particulars.\nThis subsection applies if either—\na parent or guardian of the person; or\nif a parent or guardian is not acceptable to the person—another appropriate person;\nagrees in writing to the taking of the particulars.\nDespite this section, identifying particulars may be taken from a person who—\nis an adult; and\nis capable of managing the person’s affairs;\nif the person consents in writing.\nA reference in this section to an appropriate person in relation to a person (the subject ) who is a child, or of impaired capacity, is a reference to a person who—\nis capable of representing the subject’s interests; and\nas far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and\nis none of the following—\na member of the police service;\nan AFP member or AFP employee;\na member, however described, of a police force of another State;\nan officer or employee of ASIO.\ns 69 amd 2007 No. 34 s 18 sch ; 2016 No. 42 s 66 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.69-ssec.1) A police officer must not take identifying particulars from a person who is being detained under a preventative detention order other than under this section. This section will not apply to a person if the person is released from detention under the order, even though the order may still be in force for the person. A contravention of this subsection may be an offence under section 54 .\n(sec.69-ssec.2) A police officer who is of the rank of sergeant or higher may take identifying particulars from the person, or cause identifying particulars to be taken from the person, if— the person consents in writing; or the police officer believes on reasonable grounds that it is necessary to do so for the purpose of— confirming the person’s identity as the person stated in, or described by, the order; or if the person is the person described by the order—finding out the person’s identity.\n(sec.69-ssec.3) A police officer may use the force that is necessary and reasonable in the circumstances to take identifying particulars from a person under this section.\n(sec.69-ssec.4) Subject to this section, a police officer must not take identifying particulars, other than palm prints, fingerprints, or footprints, from the person if the person— is a child; or is of impaired capacity; unless a magistrate orders that the particulars be taken. A contravention of this subsection may be an offence under section 54 .\n(sec.69-ssec.5) In deciding whether to make an order, the magistrate must have regard to— the age, or any impaired capacity, of the person; and any other matters the magistrate considers appropriate.\n(sec.69-ssec.6) The taking of identifying particulars from a person who— is a child; or is of impaired capacity; must be done in the presence of— a parent or guardian of the person; or if a parent or guardian of the person is not acceptable to the person—another appropriate person. For appropriate person , see subsection (12) . A contravention of this subsection may be an offence under section 54 .\n(sec.69-ssec.7) Despite this section, identifying particulars may be taken from a person who is a child and is capable of managing the person’s affairs if— subsections (9) and (10) are satisfied; or subsection (9) or (10) is satisfied, but not both, and a magistrate orders that the particulars be taken.\n(sec.69-ssec.8) In deciding whether to make an order, the magistrate must have regard to the matters stated in subsection (5) .\n(sec.69-ssec.9) This subsection applies if the person agrees in writing to the taking of the particulars.\n(sec.69-ssec.10) This subsection applies if either— a parent or guardian of the person; or if a parent or guardian is not acceptable to the person—another appropriate person; agrees in writing to the taking of the particulars.\n(sec.69-ssec.11) Despite this section, identifying particulars may be taken from a person who— is an adult; and is capable of managing the person’s affairs; if the person consents in writing.\n(sec.69-ssec.12) A reference in this section to an appropriate person in relation to a person (the subject ) who is a child, or of impaired capacity, is a reference to a person who— is capable of representing the subject’s interests; and as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and is none of the following— a member of the police service; an AFP member or AFP employee; a member, however described, of a police force of another State; an officer or employee of ASIO.\n- 1 This section will not apply to a person if the person is released from detention under the order, even though the order may still be in force for the person.\n- 2 A contravention of this subsection may be an offence under section 54 .\n- (a) the person consents in writing; or\n- (b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of— (i) confirming the person’s identity as the person stated in, or described by, the order; or (ii) if the person is the person described by the order—finding out the person’s identity.\n- (i) confirming the person’s identity as the person stated in, or described by, the order; or\n- (ii) if the person is the person described by the order—finding out the person’s identity.\n- (i) confirming the person’s identity as the person stated in, or described by, the order; or\n- (ii) if the person is the person described by the order—finding out the person’s identity.\n- (a) is a child; or\n- (b) is of impaired capacity;\n- (a) the age, or any impaired capacity, of the person; and\n- (b) any other matters the magistrate considers appropriate.\n- (a) is a child; or\n- (b) is of impaired capacity;\n- (c) a parent or guardian of the person; or\n- (d) if a parent or guardian of the person is not acceptable to the person—another appropriate person.\n- 1 For appropriate person , see subsection (12) .\n- 2 A contravention of this subsection may be an offence under section 54 .\n- (a) subsections (9) and (10) are satisfied; or\n- (b) subsection (9) or (10) is satisfied, but not both, and a magistrate orders that the particulars be taken.\n- (a) a parent or guardian of the person; or\n- (b) if a parent or guardian is not acceptable to the person—another appropriate person;\n- (a) is an adult; and\n- (b) is capable of managing the person’s affairs;\n- (a) is capable of representing the subject’s interests; and\n- (b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and\n- (c) is none of the following— (i) a member of the police service; (ii) an AFP member or AFP employee; (iii) a member, however described, of a police force of another State; (iv) an officer or employee of ASIO.\n- (i) a member of the police service;\n- (ii) an AFP member or AFP employee;\n- (iii) a member, however described, of a police force of another State;\n- (iv) an officer or employee of ASIO.\n- (i) a member of the police service;\n- (ii) an AFP member or AFP employee;\n- (iii) a member, however described, of a police force of another State;\n- (iv) an officer or employee of ASIO.","sortOrder":89},{"sectionNumber":"sec.70","sectionType":"section","heading":"Use of identifying particulars","content":"### sec.70 Use of identifying particulars\n\nThis section applies if identifying particulars are taken under section 69 from a person being detained under a preventative detention order.\nThe particulars may be used only to find out—\nwhether the person is the person stated in, or described by, the order; or\nif the person is the person described by the order—the person’s identity.\nA contravention of this subsection may be an offence under section 54 .\nIf—\na period of 12 months elapses after the identifying particulars are taken; and\nproceedings for—\nthe preventative detention order; or\nthe treatment of the person in connection with the person’s detention under the order;\nhave not been brought, or have been brought and have ended within the period;\nthe particulars must be destroyed as soon as practicable after the end of that period by the person who possesses the particulars.\ns 70 amd 2016 No. 42 s 67\n(sec.70-ssec.1) This section applies if identifying particulars are taken under section 69 from a person being detained under a preventative detention order.\n(sec.70-ssec.2) The particulars may be used only to find out— whether the person is the person stated in, or described by, the order; or if the person is the person described by the order—the person’s identity. A contravention of this subsection may be an offence under section 54 .\n(sec.70-ssec.3) If— a period of 12 months elapses after the identifying particulars are taken; and proceedings for— the preventative detention order; or the treatment of the person in connection with the person’s detention under the order; have not been brought, or have been brought and have ended within the period; the particulars must be destroyed as soon as practicable after the end of that period by the person who possesses the particulars.\n- (a) whether the person is the person stated in, or described by, the order; or\n- (b) if the person is the person described by the order—the person’s identity.\n- (a) a period of 12 months elapses after the identifying particulars are taken; and\n- (b) proceedings for— (i) the preventative detention order; or (ii) the treatment of the person in connection with the person’s detention under the order; have not been brought, or have been brought and have ended within the period;\n- (i) the preventative detention order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order;\n- (i) the preventative detention order; or\n- (ii) the treatment of the person in connection with the person’s detention under the order;","sortOrder":90},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reviews and other remedies","content":"# Reviews and other remedies","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Review by Supreme Court on application of detained person","content":"### sec.71 Review by Supreme Court on application of detained person\n\nA person for whom a final order is made may apply to the Supreme Court for an order revoking or varying the order.\nThe application may be made at any time after the order is served on the person, and—\nwhether before or after the person is released from detention under the order; and\nwhether or not representations have been made to the nominated police officer about a matter that is the subject of the application.\nThe person must give written notice of the application and the grounds on which it is made to the commissioner.\nThe commissioner must give the PIM written notice of the application and a copy of the notice and grounds mentioned in subsection (3) .\nThe commissioner is the respondent to the application.\n(sec.71-ssec.1) A person for whom a final order is made may apply to the Supreme Court for an order revoking or varying the order.\n(sec.71-ssec.2) The application may be made at any time after the order is served on the person, and— whether before or after the person is released from detention under the order; and whether or not representations have been made to the nominated police officer about a matter that is the subject of the application.\n(sec.71-ssec.3) The person must give written notice of the application and the grounds on which it is made to the commissioner.\n(sec.71-ssec.4) The commissioner must give the PIM written notice of the application and a copy of the notice and grounds mentioned in subsection (3) .\n(sec.71-ssec.5) The commissioner is the respondent to the application.\n- (a) whether before or after the person is released from detention under the order; and\n- (b) whether or not representations have been made to the nominated police officer about a matter that is the subject of the application.","sortOrder":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"Review by Supreme Court initiated by police officer detaining a person","content":"### sec.72 Review by Supreme Court initiated by police officer detaining a person\n\nThis section applies if, at the end of the period mentioned in subsection (4) after a person is detained under a preventative detention order—\nthe order is still in force; and\nthe person has not made an application to the Supreme Court under section 71 .\nThe commissioner must bring an application before the Supreme Court for a decision on whether the order, or any prohibited contact order made in relation to detention under the order, should be revoked or varied.\nThe person is taken to be an applicant for the revocation or varying of the order and the commissioner is taken to be the respondent.\nFor subsection (1) , the period is the later of the following—\n7 days after the person is detained under the preventative detention order;\nif the preventative detention order under which the person is detained has been extended or further extended—7 days after the order is extended or further extended.\ns 72 amd 2007 No. 34 s 43\n(sec.72-ssec.1) This section applies if, at the end of the period mentioned in subsection (4) after a person is detained under a preventative detention order— the order is still in force; and the person has not made an application to the Supreme Court under section 71 .\n(sec.72-ssec.2) The commissioner must bring an application before the Supreme Court for a decision on whether the order, or any prohibited contact order made in relation to detention under the order, should be revoked or varied.\n(sec.72-ssec.3) The person is taken to be an applicant for the revocation or varying of the order and the commissioner is taken to be the respondent.\n(sec.72-ssec.4) For subsection (1) , the period is the later of the following— 7 days after the person is detained under the preventative detention order; if the preventative detention order under which the person is detained has been extended or further extended—7 days after the order is extended or further extended.\n- (a) the order is still in force; and\n- (b) the person has not made an application to the Supreme Court under section 71 .\n- (a) 7 days after the person is detained under the preventative detention order;\n- (b) if the preventative detention order under which the person is detained has been extended or further extended—7 days after the order is extended or further extended.","sortOrder":93},{"sectionNumber":"sec.73","sectionType":"section","heading":"Supreme Court hearing and decision","content":"### sec.73 Supreme Court hearing and decision\n\nThe court is to decide an application under section 71 or 72 by way of reconsideration on the merits of the case without being affected by the original decision to make the order.\nThe record for the application is to include all material given to the issuing authority.\nThe PIM is entitled to appear, to examine any witness and to make any submissions.\nIf the PIM does appear—\nthe PIM is a party to the proceedings; but\na costs order can not be made against the PIM.\nThe parties may bring additional evidence and make additional submissions to the court.\nIn deciding the application, the court’s power includes the power to affirm, revoke or vary the order.\nThe application is a proceeding within the meaning of the Supreme Court of Queensland Act 1991 , section 79 for the purposes of part 9 of that Act.\nThe Supreme Court of Queensland Act 1991 , part 9 makes provision for the use of video link for a proceeding in the Supreme Court.\ns 73 amd 1991 No. 68 s 122 sch 1C renum as 1991 No. 68 s 96 sch 4 (amd 2011 No. 45 ss 207 , 209 )\n(sec.73-ssec.1) The court is to decide an application under section 71 or 72 by way of reconsideration on the merits of the case without being affected by the original decision to make the order.\n(sec.73-ssec.2) The record for the application is to include all material given to the issuing authority.\n(sec.73-ssec.3) The PIM is entitled to appear, to examine any witness and to make any submissions.\n(sec.73-ssec.4) If the PIM does appear— the PIM is a party to the proceedings; but a costs order can not be made against the PIM.\n(sec.73-ssec.5) The parties may bring additional evidence and make additional submissions to the court.\n(sec.73-ssec.6) In deciding the application, the court’s power includes the power to affirm, revoke or vary the order.\n(sec.73-ssec.7) The application is a proceeding within the meaning of the Supreme Court of Queensland Act 1991 , section 79 for the purposes of part 9 of that Act. The Supreme Court of Queensland Act 1991 , part 9 makes provision for the use of video link for a proceeding in the Supreme Court.\n- (a) the PIM is a party to the proceedings; but\n- (b) a costs order can not be made against the PIM.","sortOrder":94},{"sectionNumber":"sec.74","sectionType":"section","heading":"Stay of revocation pending outcome of appeal","content":"### sec.74 Stay of revocation pending outcome of appeal\n\nThis section applies if—\nthe Supreme Court revokes or varies a preventative detention order on application under section 71 or 72 ; and\nthe respondent informs the court that the respondent intends to appeal the revocation or variation to the Court of Appeal under the Supreme Court of Queensland Act 1991 , section 62 .\nThe revocation or variation is stayed, unless the court otherwise orders, until—\nif the appeal is lodged within 12 hours after the revocation or variation—the end of the appeal; or\nif an appeal is not lodged within 12 hours after the revocation or variation—the end of the 12 hours.\ns 74 amd 1991 No. 68 s 122 sch 1C renum as 1991 No. 68 s 96 sch 4 (amd 2011 No. 45 ss 207 , 209 )\n(sec.74-ssec.1) This section applies if— the Supreme Court revokes or varies a preventative detention order on application under section 71 or 72 ; and the respondent informs the court that the respondent intends to appeal the revocation or variation to the Court of Appeal under the Supreme Court of Queensland Act 1991 , section 62 .\n(sec.74-ssec.2) The revocation or variation is stayed, unless the court otherwise orders, until— if the appeal is lodged within 12 hours after the revocation or variation—the end of the appeal; or if an appeal is not lodged within 12 hours after the revocation or variation—the end of the 12 hours.\n- (a) the Supreme Court revokes or varies a preventative detention order on application under section 71 or 72 ; and\n- (b) the respondent informs the court that the respondent intends to appeal the revocation or variation to the Court of Appeal under the Supreme Court of Queensland Act 1991 , section 62 .\n- (a) if the appeal is lodged within 12 hours after the revocation or variation—the end of the appeal; or\n- (b) if an appeal is not lodged within 12 hours after the revocation or variation—the end of the 12 hours.","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Proceedings in relation to preventative detention orders generally saved and right of compensation conferred","content":"### sec.75 Proceedings in relation to preventative detention orders generally saved and right of compensation conferred\n\nThis Act does not limit proceedings that may be brought in a court for a remedy in relation to—\na preventative detention order; or\nthe treatment of a person in connection with the person's detention under a preventative detention order.\nA right to start a proceeding under the Judicial Review Act 1991 is not limited by this Act.\nWithout limiting subsection (1) , the person for whom a preventative detention order is made may apply to the Supreme Court for compensation—\nif, under this part, the Supreme Court revokes the order, whether before or after the order has otherwise ceased to have effect; or\nwhen the order ceases to have effect.\nThe application must be made within a period decided by the court at any time.\nThe record for the application is to include all material given to the issuing authority.\nThe parties may bring additional evidence and make additional submissions to the court.\nThe Supreme Court may order compensation to be paid to the applicant if it is satisfied—\nthat the preventative detention order should not have been made; or\nthat the treatment of the applicant while being detained under the preventative detention order contravened this Act.\nThe applicant is not entitled to compensation merely because a preventative detention order or prohibited contact order is made.\nIf the Supreme Court makes a decision under subsection (6) , the State is liable to pay the compensation decided by the court.\nSee the Criminal Code of the Commonwealth, section 105 .52, for the court’s power to provide remedies for a preventative detention order under the Code.\nWithout limiting subsection (2) , an application under this section may be made in the course of an application to the Supreme Court for an order under the Judicial Review Act 1991 , section 30 , in relation to an application for, or the making of, a preventative detention order.\n(sec.75-ssec.1) This Act does not limit proceedings that may be brought in a court for a remedy in relation to— a preventative detention order; or the treatment of a person in connection with the person's detention under a preventative detention order. A right to start a proceeding under the Judicial Review Act 1991 is not limited by this Act.\n(sec.75-ssec.2) Without limiting subsection (1) , the person for whom a preventative detention order is made may apply to the Supreme Court for compensation— if, under this part, the Supreme Court revokes the order, whether before or after the order has otherwise ceased to have effect; or when the order ceases to have effect.\n(sec.75-ssec.3) The application must be made within a period decided by the court at any time.\n(sec.75-ssec.4) The record for the application is to include all material given to the issuing authority.\n(sec.75-ssec.5) The parties may bring additional evidence and make additional submissions to the court.\n(sec.75-ssec.6) The Supreme Court may order compensation to be paid to the applicant if it is satisfied— that the preventative detention order should not have been made; or that the treatment of the applicant while being detained under the preventative detention order contravened this Act.\n(sec.75-ssec.7) The applicant is not entitled to compensation merely because a preventative detention order or prohibited contact order is made.\n(sec.75-ssec.8) If the Supreme Court makes a decision under subsection (6) , the State is liable to pay the compensation decided by the court. See the Criminal Code of the Commonwealth, section 105 .52, for the court’s power to provide remedies for a preventative detention order under the Code.\n(sec.75-ssec.9) Without limiting subsection (2) , an application under this section may be made in the course of an application to the Supreme Court for an order under the Judicial Review Act 1991 , section 30 , in relation to an application for, or the making of, a preventative detention order.\n- (a) a preventative detention order; or\n- (b) the treatment of a person in connection with the person's detention under a preventative detention order.\n- (a) if, under this part, the Supreme Court revokes the order, whether before or after the order has otherwise ceased to have effect; or\n- (b) when the order ceases to have effect.\n- (a) that the preventative detention order should not have been made; or\n- (b) that the treatment of the applicant while being detained under the preventative detention order contravened this Act.","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists","content":"### sec.76 Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists\n\nThis section only applies to proceedings under this Act about a preventative detention order that is in force.\nDespite any rule or practice to the contrary, proceedings under this Act are not to be conducted in public nor publicised in any public list of the Supreme Court's business.\nThe Supreme Court must establish appropriate procedures to ensure that information about—\nthe court's proceedings on review of a preventative detention order; and\nany other proceedings brought before the court in relation to a preventative detention order;\nis confined within the narrowest possible limits.\nThe Supreme Court is not, however, required to suppress the publication of information under this section if—\nthe Minister authorises its publication; or\nthe court decides that the publication of the information should be authorised in the public interest.\n(sec.76-ssec.1) This section only applies to proceedings under this Act about a preventative detention order that is in force.\n(sec.76-ssec.2) Despite any rule or practice to the contrary, proceedings under this Act are not to be conducted in public nor publicised in any public list of the Supreme Court's business.\n(sec.76-ssec.3) The Supreme Court must establish appropriate procedures to ensure that information about— the court's proceedings on review of a preventative detention order; and any other proceedings brought before the court in relation to a preventative detention order; is confined within the narrowest possible limits.\n(sec.76-ssec.4) The Supreme Court is not, however, required to suppress the publication of information under this section if— the Minister authorises its publication; or the court decides that the publication of the information should be authorised in the public interest.\n- (a) the court's proceedings on review of a preventative detention order; and\n- (b) any other proceedings brought before the court in relation to a preventative detention order;\n- (a) the Minister authorises its publication; or\n- (b) the court decides that the publication of the information should be authorised in the public interest.","sortOrder":97},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Reporting requirements","content":"# Reporting requirements","sortOrder":98},{"sectionNumber":"sec.76A","sectionType":"section","heading":"Application of part","content":"### sec.76A Application of part\n\nThis part applies if an application is made to the issuing authority for a preventative detention order for a person.\ns 76A ins 2015 No. 27 s 12A","sortOrder":99},{"sectionNumber":"sec.76B","sectionType":"section","heading":"Commissioner to report to Minister","content":"### sec.76B Commissioner to report to Minister\n\nWithin 3 months after the application is made, the commissioner must—\nprepare a report under this section; and\ngive the Minister a copy of the report.\nThe report must state—\nwhether a preventative detention order was made for the person on the application; and\nif a preventative detention order was made for the person—\nwhether the preventative detention order was an initial order or a final order; and\nwhether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and\nif the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and\nif the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and\nany criminal offence with which the person has been charged since the preventative detention order was made; and\nwhether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.\nAlso, the report may include any other information the commissioner considers appropriate.\nIf the application was made in connection with a terrorist emergency declared under the Public Safety Preservation Act 1986 , the report may form part of the commissioner’s report about the terrorist emergency.\nIn this section—\ncommissioner’s report , about a terrorist emergency, means the report about the terrorist emergency the commissioner must give the Minister under the Public Safety Preservation Act 1986 , section 8R .\nSee also the Police Powers and Responsibilities Act 2000 , section 743 for the PIM’s obligation to report to the Minister on the use of preventative detention orders and prohibited contact orders.\ns 76B ins 2015 No. 27 s 12A\n(sec.76B-ssec.1) Within 3 months after the application is made, the commissioner must— prepare a report under this section; and give the Minister a copy of the report.\n(sec.76B-ssec.2) The report must state— whether a preventative detention order was made for the person on the application; and if a preventative detention order was made for the person— whether the preventative detention order was an initial order or a final order; and whether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and if the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and if the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and any criminal offence with which the person has been charged since the preventative detention order was made; and whether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.\n(sec.76B-ssec.3) Also, the report may include any other information the commissioner considers appropriate.\n(sec.76B-ssec.4) If the application was made in connection with a terrorist emergency declared under the Public Safety Preservation Act 1986 , the report may form part of the commissioner’s report about the terrorist emergency.\n(sec.76B-ssec.5) In this section— commissioner’s report , about a terrorist emergency, means the report about the terrorist emergency the commissioner must give the Minister under the Public Safety Preservation Act 1986 , section 8R . See also the Police Powers and Responsibilities Act 2000 , section 743 for the PIM’s obligation to report to the Minister on the use of preventative detention orders and prohibited contact orders.\n- (a) prepare a report under this section; and\n- (b) give the Minister a copy of the report.\n- (a) whether a preventative detention order was made for the person on the application; and\n- (b) if a preventative detention order was made for the person— (i) whether the preventative detention order was an initial order or a final order; and (ii) whether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and (iii) if the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and (iv) if the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and (v) any criminal offence with which the person has been charged since the preventative detention order was made; and (vi) whether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.\n- (i) whether the preventative detention order was an initial order or a final order; and\n- (ii) whether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and\n- (iii) if the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and\n- (iv) if the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and\n- (v) any criminal offence with which the person has been charged since the preventative detention order was made; and\n- (vi) whether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.\n- (i) whether the preventative detention order was an initial order or a final order; and\n- (ii) whether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and\n- (iii) if the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and\n- (iv) if the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and\n- (v) any criminal offence with which the person has been charged since the preventative detention order was made; and\n- (vi) whether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.","sortOrder":100},{"sectionNumber":"sec.76C","sectionType":"section","heading":"Minister to report to Parliament","content":"### sec.76C Minister to report to Parliament\n\nWithin 6 months after the application is made, the Minister must—\nprepare a report under this section; and\ntable a copy of the report in the Legislative Assembly.\nThe report—\nmust include all the information in the report given to the Minister under section 76B ; and\nmay include any other information the Minister considers appropriate.\nHowever, the report must not include information that could reasonably be expected to—\nprejudice the investigation of a contravention or possible contravention of the law in a particular case; or\nprejudice a prosecution or another matter before a court; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nidentify, or lead to the identification of, a person who has been, is being, or is to be, investigated for a contravention or possible contravention of the law; or\nendanger a person’s life or physical safety.\nIf the application was made in connection with a terrorist emergency declared under the Public Safety Preservation Act 1986 , the report may form part of the Minister’s report about the terrorist emergency.\nIn this section—\nMinister’s report , about a terrorist emergency, means the report about the terrorist emergency the Minister must table in the Legislative Assembly under the Public Safety Preservation Act 1986 , section 8S .\ns 76C ins 2015 No. 27 s 12A\n(sec.76C-ssec.1) Within 6 months after the application is made, the Minister must— prepare a report under this section; and table a copy of the report in the Legislative Assembly.\n(sec.76C-ssec.2) The report— must include all the information in the report given to the Minister under section 76B ; and may include any other information the Minister considers appropriate.\n(sec.76C-ssec.3) However, the report must not include information that could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of the law in a particular case; or prejudice a prosecution or another matter before a court; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or identify, or lead to the identification of, a person who has been, is being, or is to be, investigated for a contravention or possible contravention of the law; or endanger a person’s life or physical safety.\n(sec.76C-ssec.4) If the application was made in connection with a terrorist emergency declared under the Public Safety Preservation Act 1986 , the report may form part of the Minister’s report about the terrorist emergency.\n(sec.76C-ssec.5) In this section— Minister’s report , about a terrorist emergency, means the report about the terrorist emergency the Minister must table in the Legislative Assembly under the Public Safety Preservation Act 1986 , section 8S .\n- (a) prepare a report under this section; and\n- (b) table a copy of the report in the Legislative Assembly.\n- (a) must include all the information in the report given to the Minister under section 76B ; and\n- (b) may include any other information the Minister considers appropriate.\n- (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case; or\n- (b) prejudice a prosecution or another matter before a court; or\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (d) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (e) identify, or lead to the identification of, a person who has been, is being, or is to be, investigated for a contravention or possible contravention of the law; or\n- (f) endanger a person’s life or physical safety.","sortOrder":101},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":102},{"sectionNumber":"sec.77","sectionType":"section","heading":"Nature of functions of judge","content":"### sec.77 Nature of functions of judge\n\nA function of making an order conferred by this Act on a judge acting as the issuing authority is conferred on the judge in a personal capacity and not as a court or a member of a court.\nWithout limiting subsection (1) , an order made by the judge acting as an issuing authority has effect only because of this Act and is not to be taken by implication to be made by a court.\nThe Supreme Court of Queensland Act 1991 , section 27 applies to the judge in performing the function.\nThe applied section provides for the protection and immunity of a Supreme Court judge.\nSubsection (3) does not limit the protection or immunity the judge would have apart from the subsection.\nA retired judge performing a function under this Act has the same protection and immunity as a judge has under this section.\ns 77 amd 2007 No. 34 s 18 sch ; 1991 No. 68 s 122 sch 1C renum as 1991 No. 68 s 96 sch 4 (amd 2011 No. 45 ss 207 , 209 )\n(sec.77-ssec.1) A function of making an order conferred by this Act on a judge acting as the issuing authority is conferred on the judge in a personal capacity and not as a court or a member of a court.\n(sec.77-ssec.2) Without limiting subsection (1) , an order made by the judge acting as an issuing authority has effect only because of this Act and is not to be taken by implication to be made by a court.\n(sec.77-ssec.3) The Supreme Court of Queensland Act 1991 , section 27 applies to the judge in performing the function. The applied section provides for the protection and immunity of a Supreme Court judge.\n(sec.77-ssec.4) Subsection (3) does not limit the protection or immunity the judge would have apart from the subsection.\n(sec.77-ssec.5) A retired judge performing a function under this Act has the same protection and immunity as a judge has under this section.","sortOrder":103},{"sectionNumber":"sec.78","sectionType":"section","heading":"Nature of functions of magistrate","content":"### sec.78 Nature of functions of magistrate\n\nA function of making an order conferred on a magistrate by section 69 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.\nWithout limiting subsection (1) , an order made by a magistrate under section 69 has effect only because of this Act and is not to be taken by implication to be made by a court.\nThe Magistrates Act 1991 , section 51 applies to a magistrate performing the function mentioned in subsection (1) .\nThe applied section provides for the protection and immunity of a magistrate.\nSubsection (3) does not limit the protection or immunity the magistrate would have apart from the subsection.\n(sec.78-ssec.1) A function of making an order conferred on a magistrate by section 69 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.\n(sec.78-ssec.2) Without limiting subsection (1) , an order made by a magistrate under section 69 has effect only because of this Act and is not to be taken by implication to be made by a court.\n(sec.78-ssec.3) The Magistrates Act 1991 , section 51 applies to a magistrate performing the function mentioned in subsection (1) . The applied section provides for the protection and immunity of a magistrate.\n(sec.78-ssec.4) Subsection (3) does not limit the protection or immunity the magistrate would have apart from the subsection.","sortOrder":104},{"sectionNumber":"sec.79","sectionType":"section","heading":"Electronic application in particular circumstances","content":"### sec.79 Electronic application in particular circumstances\n\nThis section applies in relation to an application to the issuing authority for a preventative detention order or prohibited contact order.\nA police officer may apply for the order by phone, fax, email, videoconferencing, radio or another form of electronic communication if it is reasonably necessary to apply in that way because of—\nurgent circumstances; or\nother special circumstances, including, for example, the police officer’s remote location.\nBefore applying for the order in a way mentioned in subsection (2) , the applicant must prepare—\nif the application is for an initial order—the written application required under section 15 ; or\nif the application is for a final order—the written application required under section 22 ; or\nif the application is for a prohibited contact order—the written application required under section 32 or 33 .\nHowever, if the application is for an initial order and is made in a way mentioned in subsection (2) because of urgent circumstances—\nthe applicant need not comply with subsection (3) (a) ; but\nif the applicant does not comply with subsection (3) (a) , the applicant must, when making the application, state each matter that would be required to be stated if the application were made in writing.\ns 79 sub 2016 No. 42 s 68\n(sec.79-ssec.1) This section applies in relation to an application to the issuing authority for a preventative detention order or prohibited contact order.\n(sec.79-ssec.2) A police officer may apply for the order by phone, fax, email, videoconferencing, radio or another form of electronic communication if it is reasonably necessary to apply in that way because of— urgent circumstances; or other special circumstances, including, for example, the police officer’s remote location.\n(sec.79-ssec.3) Before applying for the order in a way mentioned in subsection (2) , the applicant must prepare— if the application is for an initial order—the written application required under section 15 ; or if the application is for a final order—the written application required under section 22 ; or if the application is for a prohibited contact order—the written application required under section 32 or 33 .\n(sec.79-ssec.4) However, if the application is for an initial order and is made in a way mentioned in subsection (2) because of urgent circumstances— the applicant need not comply with subsection (3) (a) ; but if the applicant does not comply with subsection (3) (a) , the applicant must, when making the application, state each matter that would be required to be stated if the application were made in writing.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the police officer’s remote location.\n- (a) if the application is for an initial order—the written application required under section 15 ; or\n- (b) if the application is for a final order—the written application required under section 22 ; or\n- (c) if the application is for a prohibited contact order—the written application required under section 32 or 33 .\n- (a) the applicant need not comply with subsection (3) (a) ; but\n- (b) if the applicant does not comply with subsection (3) (a) , the applicant must, when making the application, state each matter that would be required to be stated if the application were made in writing.","sortOrder":105},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Oral application for initial order in urgent circumstances","content":"### sec.79A Oral application for initial order in urgent circumstances\n\nThis section applies in relation to an application to the issuing authority for an initial order.\nA police officer may apply for the order orally in person, and without preparing the written application required under section 15 , if it is reasonably necessary to apply in that way because of urgent circumstances.\nIn making the application, the police officer must state each matter that would be required to be stated if the application were made in writing.\ns 79A ins 2016 No. 42 s 68\n(sec.79A-ssec.1) This section applies in relation to an application to the issuing authority for an initial order.\n(sec.79A-ssec.2) A police officer may apply for the order orally in person, and without preparing the written application required under section 15 , if it is reasonably necessary to apply in that way because of urgent circumstances.\n(sec.79A-ssec.3) In making the application, the police officer must state each matter that would be required to be stated if the application were made in writing.","sortOrder":106},{"sectionNumber":"sec.79B","sectionType":"section","heading":"Recording of particular applications for initial order","content":"### sec.79B Recording of particular applications for initial order\n\nThis section applies in relation to the following applications to the issuing authority for an initial order—\nan application made under section 79 if section 79 (4) (b) applies to the applicant;\nan application made under section 79A .\nThe issuing authority must—\nmake an audio or visual recording of the application or direct the applicant to make an audio or visual recording of the application; or\nas soon as reasonably practicable after the application has been made, make a written record of the application or direct the applicant to make a written record of the application.\ns 79B ins 2016 No. 42 s 68\n(sec.79B-ssec.1) This section applies in relation to the following applications to the issuing authority for an initial order— an application made under section 79 if section 79 (4) (b) applies to the applicant; an application made under section 79A .\n(sec.79B-ssec.2) The issuing authority must— make an audio or visual recording of the application or direct the applicant to make an audio or visual recording of the application; or as soon as reasonably practicable after the application has been made, make a written record of the application or direct the applicant to make a written record of the application.\n- (a) an application made under section 79 if section 79 (4) (b) applies to the applicant;\n- (b) an application made under section 79A .\n- (a) make an audio or visual recording of the application or direct the applicant to make an audio or visual recording of the application; or\n- (b) as soon as reasonably practicable after the application has been made, make a written record of the application or direct the applicant to make a written record of the application.","sortOrder":107},{"sectionNumber":"sec.79C","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.79C Additional procedure if electronic application\n\nIf the issuing authority makes an order under section 79 , the issuing authority must—\nif there is a reasonably practicable way of immediately giving a copy of the order to the police officer, including, for example, by sending a copy by fax or email—immediately give a copy of the order to the police officer; or\notherwise—tell the police officer the terms of the order.\ns 79C ins 2016 No. 42 s 68\n- (a) if there is a reasonably practicable way of immediately giving a copy of the order to the police officer, including, for example, by sending a copy by fax or email—immediately give a copy of the order to the police officer; or\n- (b) otherwise—tell the police officer the terms of the order.","sortOrder":108},{"sectionNumber":"sec.80","sectionType":"section","heading":"Offences","content":"### sec.80 Offences\n\nProceedings for an offence against this Act must be taken in a summary way under the Justices Act 1886 .","sortOrder":109},{"sectionNumber":"sec.80A","sectionType":"section","heading":"No cost orders against person detained","content":"### sec.80A No cost orders against person detained\n\nThis section applies to a person who is or has been detained under a preventative detention order and who makes an application under this Act.\nA cost order can not be made against the person for the application.\ns 80A ins 2007 No. 34 s 44\n(sec.80A-ssec.1) This section applies to a person who is or has been detained under a preventative detention order and who makes an application under this Act.\n(sec.80A-ssec.2) A cost order can not be made against the person for the application.","sortOrder":110},{"sectionNumber":"sec.81","sectionType":"section","heading":"Other functions not affected","content":"### sec.81 Other functions not affected\n\nThis Act does not affect any existing function of the ombudsman, the Crime and Corruption Commission or the PIM under another Act.\ns 81 amd 2014 No. 21 s 94 (2) sch 2","sortOrder":111},{"sectionNumber":"sec.82","sectionType":"section","heading":"Law relating to legal professional privilege not affected","content":"### sec.82 Law relating to legal professional privilege not affected\n\nTo remove any doubt, it is declared that this Act does not affect the law relating to legal professional privilege.","sortOrder":112},{"sectionNumber":"sec.83","sectionType":"section","heading":"Expiry","content":"### sec.83 Expiry\n\nThis Act expires on 16 December 2040.\nA preventative detention order, or a prohibited contact order, that is in force when the Act expires ceases to have effect.\nDespite the Act ’s expiry, the Act continues to apply in relation to—\nmatters arising before its expiry; and\nmatters arising under preventative detention orders and prohibited contact orders while they were in force.\nThis section does not limit the Acts Interpretation Act 1954 , section 20 .\ns 83 amd 2015 No. 27 s 13 ; 2025 No. 11 s 25\n(sec.83-ssec.1) This Act expires on 16 December 2040.\n(sec.83-ssec.2) A preventative detention order, or a prohibited contact order, that is in force when the Act expires ceases to have effect.\n(sec.83-ssec.3) Despite the Act ’s expiry, the Act continues to apply in relation to— matters arising before its expiry; and matters arising under preventative detention orders and prohibited contact orders while they were in force.\n(sec.83-ssec.4) This section does not limit the Acts Interpretation Act 1954 , section 20 .\n- (a) matters arising before its expiry; and\n- (b) matters arising under preventative detention orders and prohibited contact orders while they were in force.","sortOrder":113},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Review of Act","content":"### sec.83A Review of Act\n\nThe Minister must—\nwithin 2 years after the commencement, start a review of the need for, and effectiveness of, this Act; and\nwithin 3 years after the commencement—\ncause a report to be prepared on the outcome of the review; and\ntable the report in the Legislative Assembly.\ns 83A ins 2015 No. 27 s 14\n- (a) within 2 years after the commencement, start a review of the need for, and effectiveness of, this Act; and\n- (b) within 3 years after the commencement— (i) cause a report to be prepared on the outcome of the review; and (ii) table the report in the Legislative Assembly.\n- (i) cause a report to be prepared on the outcome of the review; and\n- (ii) table the report in the Legislative Assembly.\n- (i) cause a report to be prepared on the outcome of the review; and\n- (ii) table the report in the Legislative Assembly.","sortOrder":114},{"sectionNumber":"sec.84","sectionType":"section","heading":"Regulation-making power","content":"### sec.84 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":115},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":116},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of s 7A","content":"### sec.85 Application of s 7A\n\nSection 7A applies to any activity or record even if the activity happened or the record was brought into existence before the commencement of the section.\ns 85 ins 2007 No. 34 s 45","sortOrder":117}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This version expands and operationally refines the original, narrowly‑stated object (prevent imminent terrorist acts or preserve evidence — s 3) rather than altering the object. Additions and amendments over time have increased scope in practice:  \n\n- Introduced and formalised the Public Interest Monitor role and related notification and participation rules (ss 14, 16, 20, 24, 73).  \n- Added provisions for electronic/oral applications in urgent or remote situations and mandatory recording/written records for such applications (ss 79, 79A, 79B, 79C), increasing the Act’s practical usability in real‑time operations.  \n- Created detailed contact‑monitoring, secrecy and lawyer‑interaction regimes (ss 56–61, 59–59A, 64–68), including specific criminal offences for disclosure by lawyers, parents/guardians and interpreters; these materially increase the Act’s regulatory footprint over third parties.  \n- Expanded detention logistics and cross‑agency arrangements for custody locations, segregation and special orders within corrective/youth custody frameworks (s 46), broadening the operational settings in which the power can be used.  \n- Added reporting and parliamentary tabling duties (ss 76B–76C) and extended expiry/renewal planning (s 83), increasing transparency and administrative oversight obligations.  \n\nTaken together, these amendments have not changed the Act’s stated purpose but have materially broadened the range of procedures, actors and oversight mechanisms necessary to implement it — increasing administrative and compliance scope beyond the original, shorter text that established only the basic detention power."},"complexity_factors":["Long Act with many cross-references (multiple references to Police Powers and Responsibilities Act 2000, Corrective Services Act 2006, Youth Justice Act 1992, ASIO Act, Criminal Code, Judicial Review Act 1991).","Two order types with nested timing rules (initial order: s 17, s 18; final order: s 25, s 26; cross-referenced multiple times in s 11–12).","Multiple conditional pathways for applications (written, electronic, oral in urgent circumstances — ss 15, 22, 79, 79A, 79B, 79C).","Many procedural safeguards and exceptions (PIM notification provisions ss 14,16,20,24; secrecy and national security carve-outs in ss 23, 29, 59A, 76).","Detailed contact and monitoring regime with exceptions (ss 55–63, 59, 59A) including special rules for lawyers and security‑cleared lawyers.","Numerous ancillary offences and confidentiality rules spread over several sections (ss 54, 64–68, 69–70).","Separate rules and protections for children and persons of impaired capacity (ss 9, 17(7),(8), 25(8),(9), 60–62), including magistrate orders for identifying particulars (s 69).","Operational logistics: detention places and administrative effects overlap with other Acts (s 46 cross‑applies Corrective Services and Youth Justice provisions).","Reporting and oversight layers (PIM, nominated police officer, commissioner reporting to Minister and Minister tabling in Parliament — ss 14, 38, 76B–76C)."],"plain_english_summary":"**What this law does, in plain English**\n\n- The Act gives police and an appointed judicial officer the power to detain a person for a short period without charging them with an offence when police reasonably suspect the person is about to carry out a terrorist act or to preserve evidence of a recent terrorist act (see s 3, s 8).  \n\n- There are two kinds of detention orders: an **initial order** (short term, up to a 24‑hour prescribed period from first custody) and a **final order** (longer, up to a 14‑day prescribed period from first custody) (see ss 17, 25, 12). Police can apply for initial orders; final orders must be made by a judge or retired judge appointed by the Minister (ss 7, 17, 25).  \n\n- While a preventative detention order is in force any police officer may take the person into custody and detain them; the detained person may be searched, moved to specified places (watch‑house, corrective facility, youth detention) and held separately from other detainees (see ss 37, 41–46).  \n\n- The Act limits the questioning police may do while the person is detained (mainly identity, welfare and matters strictly related to detention) and requires recording when questioning does occur (s 53).  \n\n- The Act sets out who the detainee may contact (family, lawyer, ombudsman/Crime and Corruption Commission), how contact may be monitored by police, and the limited circumstances in which contact can be restricted (ss 55–63). There are specific rules for children and people of impaired capacity (ss 9, 56, 60–62).  \n\n- Safeguards include: requirements to inform the detainee of the order and their rights (ss 47–51); a nominated senior police officer must oversee the detention and receive representations (s 38); a Public Interest Monitor (PIM) is to be notified and may appear in hearings (ss 14, 16, 20, 24, 73); duty to provide legal assistance in certain circumstances (ss 31A–31B); and disclosure and privacy offences to protect the confidentiality of communications and the existence of an order (ss 64–68).  \n\n- Detainees or police may seek judicial review in the Supreme Court (ss 71–73). The Court may hear applications in private under special procedures while a terrorist threat exists (s 76). Compensation may be ordered by the Supreme Court if an order should not have been made or treatment contravened the Act (s 75).  \n\n- The Act applies inside Queensland and in the adjacent maritime area, and powers can be exercised in relation to acts outside Queensland (s 6). It contains reporting requirements: the police commissioner must report to the Minister and the Minister must table a report in Parliament about each application (ss 76A–76C). The Act expires on 16 December 2040 (s 83).  \n\n**Who it affects**\n\n- Individuals suspected by police of planning, preparing or having recently committed a terrorist act (primary subjects of orders).  \n- Police and senior police officers (decision‑makers, executors of orders).  \n- Judges/retired judges appointed as issuing authorities for final orders (decision‑makers for longer detention).  \n- Lawyers, interpreters, parents/guardians and nominated third parties who interact with detainees under constrained conditions.  \n- Agencies such as the Ombudsman, Crime and Corruption Commission, and relevant chief executives for youth, disability or mental health welfare who must be notified or may contact detainees (ss 57, 61–62).  \n\n**Why it matters (mechanically)**\n\n- It creates a temporary detention power separate from criminal arrest that can be used to interrupt imminent terrorist activity or preserve time‑sensitive evidence (ss 3, 8). That changes incentives and behaviour by allowing detention without immediate charge for a capped period, while providing a judicial check for longer detention.  \n\n- The Act balances operational flexibility (electronic or oral applications in urgent circumstances, power to enter premises 24/7, movement to closed custody facilities) with procedural safeguards (written applications, PIM involvement, requirement to inform detainees, recording of questioning, access to lawyers, judicial review) (ss 15, 17, 41, 79–79C, 14, 47–53, 58, 71–73).  \n\n**Official purpose claim and testing it against trade‑offs**\n\n- Officially the Act exists to “prevent a terrorist act that is capable of being carried out in the near future” or “preserve evidence of a recent terrorist act” (s 3). That is precise: the law is limited to imminent threat prevention and evidence preservation, not open‑ended preventive detention.  \n\n- Costs and opportunity costs: the State bears operational and administrative costs (training, security‑cleared lawyers list, PIM and reporting obligations—ss 31A, 14, 76B–76C). Individuals held under these orders face significant liberty restrictions without criminal charge for up to the prescribed periods (ss 17, 25, 12).  \n\n- Incentives and compliance burden: police gain a tool to detain quickly in urgent situations (ss 79, 79A). This may reduce evidentiary pressure to immediately charge, but it also imposes disclosure and recordkeeping duties (ss 15, 22, 51, 79B). The PIM, judicial review rights and reporting requirements introduce oversight costs for police but also channels for contesting misuse (ss 14, 71–73, 76B–76C).  \n\n- Bureaucratic discretion and capture risk: senior police choose to apply for orders and control many operational details (ss 7, 38). Judges/retired judges decide final orders (s 7). Where discretion is concentrated in police (initial orders, detention arrangements—ss 17, 46) the Act adds oversight (PIM, nominated officer, court review), but operational discretion remains significant.  \n\n- Effects on private choice and enterprise: limited—this is an enforcement power, not a regulatory or market intervention. However, regulated persons (employers, family members) may be drawn into contact and monitoring obligations (ss 56, 58, 59).  \n\n- Implementation risks: monitoring lawyer contact (ss 59, 59A) and secrecy rules (s 76) create operational complexity—security‑cleared lawyers, monitored calls with interpreters and restrictions on publishing proceedings require coordination across police, courts and legal services. Missteps risk admissibility problems, legal challenges or compensation claims (ss 59(5), 70(3), 75).  \n\n- Compliance burden on third parties: lawyers, interpreters and parents are criminalised for improper disclosures (ss 64–66, 65). Police must provide summaries, reasons and copies of orders unless national security exclusions apply (ss 23, 51).  \n\n**Who pays and who decides**\n\n- Police services pay operational costs (detention facilities, monitoring, training). The State pays compensation ordered by the Supreme Court where the court finds the order should not have been made or treatment contravened the Act (s 75).  \n\n- Decisions: senior police and judges/retired judges issue orders (s 7); police execute and manage detention (ss 37, 38); courts review orders (ss 71–73). The PIM participates as an independent monitor in listed proceedings (ss 14, 73). Ministers appoint judges/retired judges for issuing authority roles (s 7(4)).  \n\n**Practical trade‑offs, summarised with sections**\n\n- Speed vs process: oral/electronic applications and initial orders enable rapid detention (ss 79, 79A, 17) but the law requires written follow‑up, recordings and summaries to support oversight (ss 79B, 51).  \n\n- Confidentiality vs fairness: monitoring and secrecy (ss 59, 76) protect investigations but complicate lawyer communications and public scrutiny; the Act provides limited protections for privileged lawyer–client communications (s 59(5)) and judicial privacy procedures (s 76).  \n\n- Centralised operational power vs layered oversight: police exercise the primary operational power (ss 17, 37, 46), while oversight is provided by the PIM, nominated officer, judicial review and reporting (ss 14, 38, 71–73, 76B–76C).  \n\n- Special protections: children and persons of impaired capacity cannot be the subject of an order if under 16, and have extra contact/welfare rules (ss 9, 56, 60–62).  \n\n**Key procedural limits a non‑lawyer should remember**\n\n- Initial detention is short and focused on imminent risk or evidence preservation (ss 8, 17, 18).  \n- Longer detention (final order) requires judicial involvement and is still time‑limited (ss 25, 26, 12).  \n- Detainees can contact a lawyer and challenge orders in the Supreme Court (ss 58, 71–73).  \n\n(References are to the numbered sections in the Act.)"},"kimi_summary":{"_metrics":{"completionTokens":520},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2005 Act was designed for preventative detention in terrorism contexts, and the current provisions maintain that focus. Amendments since 2005 (particularly 2007, 2015, 2016) have added procedural safeguards, reporting requirements, and clarified operational details rather than expanding scope beyond counter-terrorism."},"complexity_factors":["Multiple overlapping order types (initial/final) with different issuing authorities, time limits and procedural requirements","Extensive cross-referencing to other Queensland and Commonwealth legislation (Police Powers and Responsibilities Act, Corrective Services Act, Youth Justice Act, ASIO Act, etc.)","Nested exceptions throughout—e.g., contact rights for children/impaired capacity persons have exceptions for national security","Conditional logic for monitoring lawyer communications (security-cleared lawyers exempt unless court orders otherwise)","Detailed safeguards with their own exceptions: humane treatment, restricted questioning, disclosure offences all have carve-outs","Multiple definitions of 'issuing authority' depending on order type and purpose (senior police officer vs appointed judge/retired judge)","Complex temporal calculations for order durations accounting for overlapping orders under 'corresponding laws'","Strict secrecy provisions creating criminal offences for lawyers, family members, interpreters and others","Reporting requirements to Minister and Parliament with specific exclusions for sensitive information"],"plain_english_summary":"This Queensland law allows police to detain people without charge to prevent terrorist attacks or preserve evidence of recent attacks. **Two types of orders exist:**\n\n- **Initial orders** (up to 24 hours): Issued by senior police officers based on reasonable suspicion someone will commit a terrorist act, possesses terrorist-related items, or has prepared for an attack. Must believe the attack could occur within 14 days.\n\n- **Final orders** (up to 14 days total): Issued by appointed judges or retired judges, with more procedural safeguards including notice to the detained person.\n\n**Key protections:** People under 16 cannot be detained. Detainees must be treated humanely, can contact family and lawyers (though communications may be monitored), and can challenge orders in the Supreme Court. Strict secrecy rules apply—lawyers, family members and interpreters face up to 2 years prison for disclosing information about the detention.\n\n**Important limits:** Questioning is restricted to basic purposes only (identity, safety, compliance). The law expires in December 2040 and requires parliamentary reporting on its use."},"summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The law's scope remains consistent with its stated object: short-term preventative detention for terrorism prevention or evidence preservation. Amendments have refined procedures, added the PIM role, strengthened legal aid provisions, and tightened safeguards for vulnerable persons, but have not expanded the fundamental scope beyond the original counterterrorism detention framework."},"complexity_factors":["Two-tier order system (initial and final) with distinct procedural rules, time limits, and issuing authorities for each","Complex interaction with Commonwealth and other State anti-terrorism laws ('corresponding laws'), requiring cross-jurisdictional time calculations","Multiple overlapping restrictions on when multiple orders can be made (same act, different acts, evidence preservation vs prevention purposes)","Detailed calculation rules for 'prescribed 24 hour period' and 'prescribed 14 day period' that depend on prior detention history across jurisdictions","Numerous conditional provisions for vulnerable persons (children, persons of impaired capacity) with different contact rights and safeguards","Public Interest Monitor (PIM) notification requirements with distinct procedures for each application type and fallback rules when PIM is unreachable","National security exceptions that override normal disclosure and contact rights, creating dual-track procedural regimes","Interplay with Commonwealth control orders, federal criminal law, Police Powers and Responsibilities Act 2000, Legal Aid Queensland Act 1997, and Judicial Review Act 1991","Detention can proceed without the subject's knowledge at the initial stage, creating asymmetric procedural rights across the two order types","The law has been amended multiple times (2007, 2009, 2015, 2016, 2017), creating layered and sometimes cross-referential provisions"],"plain_english_summary":"This Queensland law lets police detain anyone aged 16+ without charge if reasonably suspected of planning, preparing, or preserving evidence of a terrorist act. An initial senior‑police order can hold someone up to 24 hours, and a judge-issued final order up to 14 days. It departs from usual criminal law by permitting pre‑charge detention, but includes safeguards: a Public Interest Monitor, right to lawyers (and legal aid), contact rights, and judicial review."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-preventative-detention-act-2005","history":"/api/acts/terrorism-preventative-detention-act-2005/history","analysis":"/api/acts/terrorism-preventative-detention-act-2005/analysis","conflicts":"/api/acts/terrorism-preventative-detention-act-2005/conflicts","importantCases":"/api/acts/terrorism-preventative-detention-act-2005/important-cases","documents":"/api/acts/terrorism-preventative-detention-act-2005/documents"}}