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Terrorism (Emergency Powers) Act 2003
21QProhibited contact order – person in relation to whom
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21Q Prohibited contact order – person in relation to whom
preventative detention order being sought
(1) A police officer who applies to an eligible Judge for a preventative
detention order in relation to a person may also apply to the Judge
for a prohibited contact order under this section in relation to the
person's detention under the preventative detention order.
(2) The application must:
(a) be made by affidavit; and
(b) specify:
(i) the terms of the order sought; and
(ii) the facts and other grounds on which the applicant
(3) However, an application for a prohibited contact order that is
required urgently may be made by telephone, fax, email or other
electronic communication.
(4) If the Judge:
(a) makes the preventative detention order; and
(b) is satisfied on reasonable grounds that making the prohibited
contact order will assist in achieving the purpose of the
preventative detention order,
the Judge may make a prohibited contact order under this section
that the person is not, while being detained under the preventative
detention order, to contact another person specified in the
prohibited contact order.
(5) The prohibited contact order must be in writing.
Terrorism (Emergency Powers) Act 2003 32
(6) If the application is made under subsection (3):
(a) the order must be sent to the applicant by fax, email or other
electronic communication; or
(b) the applicant must complete a form of a prohibited contact
(7) The copy of the original order sent, or the form of the order
completed, under subsection (6) has the same force and effect as
(8) The Judge may refuse to make a prohibited contact order unless
the applicant gives the Judge any further information the Judge
requests concerning the facts and other grounds on which the order
is sought.