21PReview of preventative detention order by Supreme Court

21P Review of preventative detention order by Supreme Court (1) As soon as practicable after a person (the subject) is first taken into custody, or is first in detention, under a preventative detention order, an authorised police officer must apply to the Supreme Court for a review of the order. (2) The Court in the review proceeding must not be constituted by the eligible Judge who made the preventative detention order. (3) In the review proceeding: (a) the subject is entitled to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions; but (b) the subject's absence does not prevent the Court from deciding the application. (4) In deciding the review, the Court may, by order: (a) confirm the preventative detention order; or (b) confirm the preventative detention order with the variation of the period specified in the order as the period during which the subject may be detained under it; or (c) give directions about the making of further preventative detention orders in relation to the subject; or (d) if not satisfied as mentioned in section 21G(1): (i) revoke the preventative detention order and release the subject from detention; or

Terrorism (Emergency Powers) Act 2003 31 (ii) if the subject has been released from detention – declare the preventative detention order to have been void from its making. (5) Subject to any direction made by the Court in the proceeding for the review of the preventative detention order, the police officer detaining the subject may exercise powers and perform functions under this Part to release the subject from detention during the course of the proceeding.