QLDIn ForceAct
Public Safety Preservation Act 1986
sec.34Application for approval to continue exercising detention power
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### sec.34 Application for approval to continue exercising detention power
This section applies only if the Minister and the Premier are satisfied it is necessary for the CBRE commander to continue to exercise the detention power after the first 48 hours.
The commissioner may apply to the Supreme Court judge for an order approving the continued exercise of the detention power.
The application must be made before the first 48 hours of the CBR emergency ends.
The commissioner must immediately give the monitor notice of the making of the application and a copy of the application.
The monitor is entitled to be present at the consideration of the application and, for that purpose at the hearing, may—
present questions for the applicant to answer and examine or cross-examine any witnesses; and
make submissions on the appropriateness in the public interest of granting the application.
s 34 ins 2003 No. 46 s 13
amd 2007 No. 34 s 7 sch
(sec.34-ssec.1) This section applies only if the Minister and the Premier are satisfied it is necessary for the CBRE commander to continue to exercise the detention power after the first 48 hours.
(sec.34-ssec.2) The commissioner may apply to the Supreme Court judge for an order approving the continued exercise of the detention power.
(sec.34-ssec.3) The application must be made before the first 48 hours of the CBR emergency ends.
(sec.34-ssec.4) The commissioner must immediately give the monitor notice of the making of the application and a copy of the application.
(sec.34-ssec.5) The monitor is entitled to be present at the consideration of the application and, for that purpose at the hearing, may— present questions for the applicant to answer and examine or cross-examine any witnesses; and make submissions on the appropriateness in the public interest of granting the application.
- (a) present questions for the applicant to answer and examine or cross-examine any witnesses; and
- (b) make submissions on the appropriateness in the public interest of granting the application.