21GWhen preventative detention order may be made

21G When preventative detention order may be made (1) An eligible Judge may, on an application, make a preventative detention order in relation to a person only if: (a) satisfied on reasonable grounds: (i) 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 necessary for the purpose of substantially assisting in preventing a terrorist act occurring; or (b) satisfied on reasonable grounds: (i) a terrorist act has occurred within the last 28 days; and

Terrorism (Emergency Powers) Act 2003 27 (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. (3) The Judge may refuse to make a preventative detention order unless the applicant gives the Judge any further information the Judge requests concerning the grounds on which the order is sought. (4) If the application is made under section 21F(4): (a) an order made under this section must be sent to the applicant by fax, email or other electronic communication; or (b) the applicant must complete a form of a preventative detention (5) The copy of the original order sent, or the form of the order completed, under subsection (4) has the same force and effect as