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Terrorism (Emergency Powers) Act 2003
21RProhibited contact order – person in relation to whom
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21R Prohibited contact order – person in relation to whom
preventative detention order in force
(1) If a preventative detention order is in force in relation to a person
(the subject), an authorised police officer may apply to an eligible
Judge for a prohibited contact order under this section in relation to
the subject'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 is satisfied on reasonable grounds that making the
prohibited contact order will assist in achieving the purpose for
which the preventative detention order was made, 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 33
(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.