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Terrorism (Emergency Powers) Act 2003
21SApplication by detainee for revocation or variation of
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21S Application by detainee for revocation or variation of
preventative detention order or prohibited contact order
(1) A person in relation to whom a preventative detention order is in
force (the subject) may apply to the Supreme Court for:
(a) if the order is a confirmed preventative detention order – the
revocation or variation of the order; or
(b) the revocation or variation of any prohibited contact order in
force in relation to the subject's detention under the
preventative detention order.
(2) If the Court is satisfied, because of new facts or circumstances that
have arisen since the Court reviewed the making of the
preventative detention order, it is appropriate that the order be
revoked or varied, the Court must, by order, revoke or vary the
(3) If the subject is being detained in the custody of the Commissioner
of Correctional Services or CEO (Youth Justice) and the
preventative detention order is revoked or varied under
subsection (2), the police officer who is detaining the subject under
the order must give a copy of the order made under the subsection
to the Commissioner or CEO (Youth Justice), as the case may be,
as soon as practicable after it is made.
(4) If:
(a) a prohibited contact order is in force in relation to the subject's
Terrorism (Emergency Powers) Act 2003 34
(b) either of the following apply:
(i) if the order is a confirmed preventative detention order –
the Court is satisfied, because of new facts or
circumstances that have arisen since the making of the
prohibited contact order, it is appropriate that the
prohibited contact order be revoked or varied;
(ii) otherwise – the Court is satisfied it is appropriate that the
prohibited contact order be revoked or varied,
the Court must, by order, revoke or vary the prohibited contact
(5) If the subject is being detained in the custody of the Commissioner
of Correctional Services or CEO (Youth Justice) and a prohibited
contact order in force in relation to the subject is revoked or varied
under subsection (4), the police officer who is detaining the subject
under the preventative detention order must give a copy of the
order made under the subsection to the Commissioner or CEO
(Youth Justice), as the case may be, as soon as practicable after it
is made.