21FForm and content of application

21F Form and content of application (1) An application for a preventative detention order must: (a) subject to subsection (4), be made by affidavit; and (b) specify the facts and other grounds on which the applicant considers the order should be made; and (c) specify the period for which the person is to be detained under the order and the facts and other grounds on which the applicant considers the person should be detained for that period; and (d) specify the information (if any) the applicant has about the person's age and capacity to manage his or her affairs; and (e) specify the following: (i) the outcomes and particulars of all previous applications for preventative detention orders made in relation to the person; Terrorism (Emergency Powers) Act 2003 25 (ii) the information (if any) the applicant has about any periods for which the person has been detained under an order made under a corresponding law; (iii) the information (if any) the applicant has about any control order (including any interim control order) made in relation to the person under Division 104 of the Criminal Code (Cth); (iv) a summary of the grounds on which the applicant (2) To avoid doubt, subsection (1)(e)(iv) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security. (3) The application must also fully disclose all relevant matters of which the applicant is aware, both favourable and adverse, to the making of the order. (4) An application for a preventative detention order that is required urgently may be made by telephone, fax, email or other electronic communication. (5) If: (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 taken into custody under the order; and (c) an application is made for another preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period, the application must also identify the information on which the application is based that became available only after the order mentioned in paragraph (a) was made. (a) an order for a person's detention is made under a corresponding law on the basis of assisting in preventing a terrorist act occurring within a particular period; and (b) the person is taken into custody under that order; and Terrorism (Emergency Powers) Act 2003 26 (c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period, the application must also identify the information on which the application is based that became available only after the order mentioned in paragraph (a) was made. (7) If, when an application for a preventative detention order is made, the person in relation to whom the order is being sought is in detention under: (a) a preventative detention order; or (b) an order for the person's detention made under a corresponding law, written notice of the application must be given to the person.