21EApplication for preventative detention order

21E Application for preventative detention order (1) An authorised police officer may apply to an eligible Judge for a preventative detention order in relation to a person if: (a) the applicant is satisfied: (i) there are reasonable grounds to suspect the person: (A) will engage in a terrorist act; or (B) possesses or has under the person's control (whether solely or jointly with anyone else) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (C) has done an act in preparation for, or planning, a terrorist act; and (ii) making the order would substantially assist in preventing a terrorist act occurring; and

Terrorism (Emergency Powers) Act 2003 24 necessary for the purpose of substantially assisting in preventing a terrorist act occurring; or (b) the applicant is satisfied: (i) a terrorist act has occurred within the last 28 days; and (ii) it is necessary to detain the person to preserve evidence in the Territory or elsewhere of, or relating to, the terrorist act, and necessary for the purpose of preserving any such evidence. (2) A terrorist act mentioned in subsection (1)(a) must be imminent and, in any event, be expected to occur at some time in the next 14 days. Note for section 21E As a consequence of the operation of section 4A, it does not matter whether the location of the suspected terrorist act is in the Territory or elsewhere.