13JNo preventative detention order in relation to person under 14 years of age

13J No preventative detention order in relation to person under 14 years of age

S. 13J(1) amended by No. 32/2018 s. 17(2).

(1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 14 years of age.

See also section 13ZH and section 13ZL(4) to (10) for the special rules for people who are under 18 years of age.

S. 13J(2) amended by No. 37/2014 s. 10(Sch. item 167.8(b)).

(a) a person is being detained under a preventative detention order or a purported preventative detention order; and

S. 13J(2)(b) amended by Nos 37/2014 s. 10(Sch. item 167.8(a)), 32/2018 s. 17(2).

(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 14 years of age—

the police officer must release the person or arrange in writing for his or her release, as soon as practicable, from detention under the order or purported order.

S. 13JA inserted by No. 5/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 167.9(a)).

13JA Special assistance for person with inadequate knowledge of English language or disability

If the police officer who is 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 that language—

S. 13JA(a) amended by No. 37/2014 s. 10(Sch. item 167.9(b)).

(a) the police officer has an obligation under section 13Z(3) to arrange for the assistance of an interpreter in informing the person about—

(i) the effect of the order or any extension, or further extension, of the order; and

(ii) the person's rights in relation to the order; and

S. 13JA(b) amended by No. 37/2014 s. 10(Sch. item 167.9(b)).

(b) the police officer has an obligation under section 13ZF(4) to give the person reasonable assistance to—

(i) choose a lawyer to act for the person in relation to the order; and

(ii) contact the lawyer.

S. 13K inserted by No. 5/2006 s. 4.

13K Restrictions on multiple preventative detention orders

(a) a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and

(b) the person is being detained under that order—

another preventative detention order cannot be applied for, or made, under this Division in relation to 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 only after the preventative detention order referred to in paragraph (a) was made.