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. S. 13K(1A) inserted by No. 32/2018 s. 18. (1A) If— (a) a police detention decision 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 Part 2AA— a 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 police detention decision was made. (a) an order for a person's detention is made under a corresponding preventative detention law 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— a 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 order referred to in paragraph (a) was made. S. 13KA inserted by No. 5/2006 s. 4. 13KA Basis for applying for, and making, prohibited contact order S. 13KA(1) amended by No. 37/2014 s. 10(Sch. item 167.10(a)). (1) An authorised police officer may apply for a prohibited contact order in relation to a person only if the officer is satisfied as set out in subsection (4). (2) The Supreme Court may make a prohibited contact order in relation to a person's detention under a preventative detention order only if the Court is satisfied as set out in subsection (4). S. 13KA(2A) inserted by No. 32/2018 s. 68. (2A) The Supreme Court may decide that it is satisfied as set out in subsection (4) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making a prohibited contact order. (3) The person in relation to whose detention the prohibited contact order is applied for, or made, is the ***subject*** for the purposes of this section. S. 13KA(4) amended by No. 37/2014 s. 10(Sch. item 167.10(b)). (4) The authorised police officer and the Supreme Court must be satisfied that making the prohibited contact order is reasonably necessary— (a) to avoid a risk to action being taken to prevent a terrorist act occurring; or (b) to prevent serious harm to a person; or (c) to preserve evidence of, or relating to, a terrorist act; or (d) to prevent interference with the gathering of information about— (i) a terrorist act; or (ii) the preparation for, or the planning of, a terrorist act; or (e) to avoid a risk to— (i) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or (ii) the taking into custody of a person in relation to whom the preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or S. 13KA(4) (e)(iia) inserted by No. 32/2018 s. 19. (iia) the taking into custody of a person in relation to whom a police detention decision has been made, or in relation to whom a police detention decision is likely to be made; or (iii) the service on a person of a Commonwealth control order. S. 13KA(5) amended by No. 37/2014 s. 10(Sch. item 167.10(b)). (5) The Supreme Court may refuse to make a prohibited contact order unless the authorised police officer applying for the order gives the Court any further information that it requests concerning the grounds on which the order is sought. S. 13L inserted by No. 5/2006 s. 4.