NTIn ForceAct
Terrorism (Emergency Powers) Act 2003
21XNominated police officer to oversee order
Start here
Get a plain-English read of 21X
Turn the raw legal text into a practical explanation grounded in Terrorism (Emergency Powers) Act 2003.
21X Nominated police officer to oversee order
(1) If a preventative detention order is made in relation to a person, a
senior police officer must nominate a police officer of or above the
rank of superintendent to oversee the exercise of functions under or
in relation to the order.
(2) The nominated police officer must be someone who was not
involved in the making of the application for the preventative
detention order.
(3) The nominated police officer must:
(a) oversee the exercise of functions under the preventative
detention order; and
(b) consider any representations made under subsection (4) in
relation to any of the matters mentioned in subsection (5).
Terrorism (Emergency Powers) Act 2003 38
(4) The representations may be made to the nominated police officer
by any of the following persons:
(a) the person being detained under the preventative detention
order;
(b) the Ombudsman or officer in charge of the Ethical and
Professional Standards Command;
(c) a lawyer acting for that person in relation to the order;
(d) a person with whom that person has contact under
section 21ZL.
(5) The matters are:
(a) the exercise of powers under, and the performance of duties
in relation to, the preventative detention order; and
(b) without limiting paragraph (a), compliance with section 21T in
relation to the preventative detention order; and
(c) the person's treatment in relation to the person's detention
under the preventative detention order.