Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023
sec.9Responsible Minister may object to subcommittee visit to a place of detention
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sec.9 Responsible Minister may object to subcommittee visit to a place of detention
The responsible Minister for a place of detention may object to the subcommittee and an accompanying person visiting the place of detention on a particular day or particular days if the responsible Minister believes there is an urgent and compelling reason to temporarily prevent the subcommittee’s visit to that place of detention on that day or those days on any of the grounds mentioned in subsection (2) . For subsection (1) , the grounds are as follows— national defence; public safety; natural disaster; serious disorder in the place of detention. If the responsible Minister objects under subsection (1) , the Minister must, as soon as practicable, give a notice to the subcommittee stating— the day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and the reason for preventing the visit to the place of detention. If the notice is given to the subcommittee, the responsible Minister and a detaining authority for the place of detention are not required to allow the subcommittee or an accompanying person to enter the place of detention on the day or days stated in the notice. (sec.9-ssec.1) The responsible Minister for a place of detention may object to the subcommittee and an accompanying person visiting the place of detention on a particular day or particular days if the responsible Minister believes there is an urgent and compelling reason to temporarily prevent the subcommittee’s visit to that place of detention on that day or those days on any of the grounds mentioned in subsection (2) . (sec.9-ssec.2) For subsection (1) , the grounds are as follows— national defence; public safety; natural disaster; serious disorder in the place of detention. (sec.9-ssec.3) If the responsible Minister objects under subsection (1) , the Minister must, as soon as practicable, give a notice to the subcommittee stating— the day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and the reason for preventing the visit to the place of detention. (sec.9-ssec.4) If the notice is given to the subcommittee, the responsible Minister and a detaining authority for the place of detention are not required to allow the subcommittee or an accompanying person to enter the place of detention on the day or days stated in the notice.
- (a) national defence;
- (b) public safety;
- (c) natural disaster;
- (d) serious disorder in the place of detention.
- (a) the day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and
- (b) the reason for preventing the visit to the place of detention.