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Terrorism (Emergency Powers) Act 2003
21HNature and content of preventative detention order
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21H Nature and content of preventative detention order
(1) A preventative detention order is an order that the person in relation
to whom it is made may be:
(a) taken into custody (unless the person is already being
detained under a preventative detention order, or an order for
the person's detention made under a corresponding law, that
is in force or was in force immediately before the making of
the new order); and
(b) detained during the period that:
(i) starts when the person is first taken into custody or
detained under the order (the start); and
(ii) ends a specified period after the start.
(2) A preventative detention order must be in writing.
Terrorism (Emergency Powers) Act 2003 28
(3) A preventative detention order must specify:
(a) the name of the person in relation to whom it is made; and
(b) the period during which the person may be detained under the
(c) the date on which, and the time at which, the order is made;
and
(d) the date and time after which the person may not be taken into
custody under the order; and
(e) a summary of the grounds on which the order is made.
(4) To avoid doubt, subsection (3)(e) does not require information to be
included in the summary if the disclosure of the information is likely
to prejudice national security.
(5) If the person in relation to whom the order is made is:
(a) under 18 years of age; or
(b) incapable of managing his or her affairs,
the order may specify a period of longer than 2 hours as the period
the person is entitled under section 21ZL(2) to have contact with
another person each day.