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Criminal Code Act 1995
Div 105Preventative detention orders
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Division 105—Preventative detention orders
105.1 Object
105.1A State terrorist acts
105.2 Issuing authorities for continued preventative detention orders
105.3 Police officer detaining person under a preventative detention order
Subdivision B—Preventative detention orders
105.4 Basis for applying for, and making, preventative detention orders
105.5 No preventative detention order in relation to person under 16 years of age
105.5A Special assistance for person with inadequate knowledge of English language or disability
105.6 Restrictions on multiple preventative detention orders
105.7 Application for initial preventative detention order
105.8 Senior AFP member may make initial preventative detention order
105.9 Duration of initial preventative detention order
105.10 Extension of initial preventative detention order
105.10A Notice of application for continued preventative detention order
105.11 Application for continued preventative detention order
105.12 Judge or retired judge may make continued preventative detention order
105.13 Duration of continued preventative detention order
105.14 Extension of continued preventative detention order
105.14A Basis for applying for, and making, prohibited contact order
105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)
105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force)
105.17 Revocation of preventative detention order or prohibited contact order
105.18 Status of person making continued preventative detention order
Subdivision C—Carrying out preventative detention orders
105.19 Power to detain person under preventative detention order
105.20 Endorsement of order with date and time person taken into custody
105.21 Requirement to provide name etc.
105.22 Power to enter premises
105.23 Power to conduct a frisk search
105.24 Power to conduct an ordinary search
105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
105.26 Release of person from preventative detention
105.27 Arrangement for detainee to be held in State or Territory prison or remand centre
Subdivision D—Informing person detained about preventative detention order
105.28 Effect of initial preventative detention order to be explained to person detained
105.29 Effect of continued preventative detention order to be explained to person detained
105.30 Person being detained to be informed of extension of preventative detention order
105.31 Compliance with obligations to inform
105.32 Copy of preventative detention order
Subdivision E—Treatment of person detained
105.33 Humane treatment of person being detained
105.33A Detention of persons under 18
105.34 Restriction on contact with other people
105.35 Contacting family members etc.
105.36 Contacting Ombudsman etc.
105.37 Contacting lawyer
105.38 Monitoring contact under section 105.35 or 105.37
105.39 Special contact rules for person under 18 or incapable of managing own affairs
105.40 Entitlement to contact subject to prohibited contact order
105.41 Disclosure offences
105.42 Questioning of person prohibited while person is detained
105.43 Taking fingerprints, recordings, samples of handwriting or photographs
105.44 Use of identification material
105.45 Offences of contravening safeguards
105.46 Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2)
105.47 Annual report
105.48 Certain functions and powers not affected
105.49 Queensland public interest monitor functions and powers not affected
105.50 Law relating to legal professional privilege not affected
105.51 Legal proceedings in relation to preventative detention orders
105.52 Review by State and Territory courts
105.53 Sunset provision