21ZPower to require disclosure of identity

21Z Power to require disclosure of identity (1) This section applies if a police officer believes on reasonable grounds a person may be able to assist the officer in executing a preventative detention order. (2) The police officer may request the person to give the officer the following details: (a) the person's name; (b) the person's residential address; (c) the person's date of birth. Terrorism (Emergency Powers) Act 2003 39 (3) A person to whom a request is made under subsection (2) must (4) A person to whom a request is made under subsection (2) must (b) an address other than the full and correct address of the person's ordinary place of residence. (5) A police officer may request a person to whom a request is made under subsection (2) to give the officer proof of the person's (6) A person to whom a request is made under subsection (5) must 21ZA Power to enter premises and vehicles If: (b) a police officer believes on reasonable grounds the person is on any premises or in or on any vehicle, the officer may enter the premises or vehicle at any time of the day or night for the purpose of searching the premises or vehicle for the person or taking the person into custody. 21ZB Release of person from preventative detention (1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the Notes for subsection (1) 1. A person may be released, for example, so that the person may be arrested and otherwise dealt with for a suspected offence. In these circumstances, Part VII of the Police Administration Act 1978 applies. Terrorism (Emergency Powers) Act 2003 40 2. Also, a person for whom a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 (Cth) is in force may be released so that the person may be dealt with under the warrant. (2) The police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention. (3) The statement must be signed by the police officer. (4) To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if: (a) the person is informed that he or she is being released from detention under the order; and (b) the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order. (5) To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order. Note for subsection (5) During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, the provisions dealing with the people the person may contact) do not apply to the person. (6) To avoid doubt: (a) the release of a person under subsection (1) from detention under the preventative detention order does not extend the period for which the order remains in force; and (b) a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person. 21ZC Arrangement for detainee to be held in custodial correctional facility (1) A police officer who is detaining a person (the detainee) under a preventative detention order may arrange, with the Commissioner of Correctional Services, for the detainee to be detained under the order at a custodial correctional facility. Terrorism (Emergency Powers) Act 2003 41 (2) If an arrangement is made under subsection (1): (a) the police officer making the arrangement must give the person in charge of the custodial correctional facility written notice of the arrangement, a copy of the preventative detention order and any prohibited contact order in force in relation to the detainee's detention; and (b) the preventative detention order is taken to authorise the person in charge of the custodial correctional facility to detain the detainee at the custodial correctional facility while the order is in force in relation to the detainee; and (c) section 21ZG applies in relation to the detainee's detention under the preventative detention order at the custodial correctional facility as if: (i) the person in charge of that custodial correctional facility; or (ii) any other person involved in the detainee's detention at that custodial correctional facility, were a person exercising authority under the order or implementing or enforcing the order; and (d) the officer who made the arrangement (or another police officer designated by a senior police officer) is taken, while the detainee is detained at the custodial correctional facility, to be the police officer detaining the detainee for this Part; and (e) a police officer may, for exercising functions under the order, enter at any time the prison and visit the detainee in the custodial correctional facility. (3) A regulation may exclude the detainee from the application of any of the provisions of, or provisions made under, the Correctional Services Act 2014 or Youth Justice Act 2005. (4) An arrangement under subsection (1) does not prevent the detainee being returned to the custody of a police officer. (5) Subsections (6) and (7) apply if the detainee is under 18 years of age. (6) A reference in this section to a custodial correctional facility is, in relation to the detainee, a reference to a detention centre within the meaning of the Youth Justice Act 2005 and the reference to the Commissioner of Correctional Services is a reference to the superintendent of the centre. Terrorism (Emergency Powers) Act 2003 42 (7) During any period the detainee is not detained under an arrangement in force under this section, a police officer must not detain the detainee together with persons who are 18 years or older unless the nominated police officer considers there are exceptional circumstances and approves that detention. Division 4 Informing person detained about preventative detention orders 21ZD Effect of preventative detention order to be explained to person detained (1) As soon as practicable after a person is first taken into custody detaining the person under the order must inform the person of the matters covered by subsection (2). (2) The matters covered by this subsection are: (a) the fact that the preventative detention order has been made in relation to the person; and (b) the period during which the person may be detained under the (c) the requirement for there to be a review of the order by the Supreme Court and the fact that the person will have an opportunity to be heard on the review; and (d) the people the person is entitled to contact under sections 21ZI and 21ZL and the restrictions that apply to that contact; and (e) any right the person has to complain to the Ombudsman or officer in charge of the Ethical and Professional Standards Command in relation to: (i) the exercise of powers under, and the performance of duties in relation to, the preventative detention order; and (ii) without limiting subparagraph (i), compliance with section 21T in relation to the preventative detention (iii) the person's treatment in relation to the person's detention under the preventative detention order; and Terrorism (Emergency Powers) Act 2003 43 (f) the fact that the person may seek from a court a remedy relating to the order, a prohibition contact order or the treatment of the person in relation to the person's detention (g) the person's entitlement under section 21ZK to contact a lawyer; and (h) the name and work telephone number of the nominated police officer to oversee the exercise of functions under the order. 21ZE Compliance with obligation to inform (1) Section 21ZD(1) does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with the section. (2) The police officer detaining the person under the preventative detention order complies with section 21ZD(1) if the officer informs the person in substance of the matters covered by section 21ZD(2) (even if this is not done in language of a precise or technical nature). (3) The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 21ZD(1) if the officer has reasonable grounds to believe the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language. (4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone. (5) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (3) or section 21ZD(1). 21ZF Copy of preventative detention order and summary of grounds (1) As soon as practicable after a person is first taken into custody detaining the person under the order must give the person: (a) a copy of the order and any prohibited contact order in force in relation to the person's detention; and (b) a summary of the grounds on which the preventative detention order or prohibited contact order is made. Terrorism (Emergency Powers) Act 2003 44 (2) To avoid doubt, subsection (1)(b) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security. (3) A police officer does not need to have a copy of the order with him or her, or to produce a copy of the order to the person being taken into custody, when the officer takes the person into custody. (4) A person who is being detained under a preventative detention order may ask the police officer who is detaining the person under the order to give a copy of the following to a lawyer acting for the person in relation to the order: (a) the order and any prohibited contact order in force in relation to the person's detention; (b) any summary given to the person under subsection (1)(b). (5) The police officer must make arrangements for a copy of an order or summary to be given to the lawyer as soon as practicable after the request is made. (6) Without limiting subsection (5), the copy of an order may be faxed or emailed to the lawyer. (7) To avoid doubt, subsection (5) does not entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order or prohibited contact order or any summary given under subsection (1)(b). (8) The police officer who gives: (a) the person being detained under a preventative detention (b) a lawyer acting for the person, a copy of the order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order. (9) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with this Terrorism (Emergency Powers) Act 2003 45 21ZG Humane treatment of person being detained (1) A person being taken into custody, or being detained, under a preventative detention order: (a) must be treated with humanity and with respect for human dignity; and (b) must not be subjected to cruel, inhuman or degrading treatment, by anyone exercising authority under the order or implementing or enforcing the order. (2) A person who contravenes subsection (1) is guilty of an offence. 21ZH Restriction on contact with other people Except as provided by this Division, while a person is being detained under a preventative detention order, the person: (a) is not entitled to contact another person; and (b) may be prevented from contacting another person. Note for section 21ZH A person's entitlement to contact other people under this Division is subject to a prohibited contact order. 21ZI Contacting family members etc. (1) The person being detained is entitled to contact once: (a) one of his or her family members; and (b) if he or she: (i) lives with another person and the other person is not a family member of the person being detained; or (ii) lives with other people and those other people are not family members of the person being detained; the other person or one of those other people; and (c) if he or she is employed – his or her employer; and Terrorism (Emergency Powers) Act 2003 46 (d) if he or she employs people in a business – one of the people he or she employs in the business; and (e) if he or she engages in a business together with another person or other people – the other person or one of those other people; and (f) if the police officer detaining the person being detained agrees to the person contacting another person – the person, by telephone, fax or email but solely for the purposes of letting the person contacted know that he or she is safe and is being detained. (2) To avoid doubt, the person being detained is entitled, under subsection (1), to disclose: (a) the fact that a preventative detention order has been made in relation to the person; and (b) the fact that the person is being detained; and (c) the period for which the person is being detained. family member, of a person, means: (a) the person's spouse or de facto spouse; or (b) a parent, step-parent or grandparent of the person; or (c) a child, step-child or grandchild of the person; or (d) a brother, sister, step-brother or step-sister of the person; or (e) a guardian or carer of the person. 21ZJ Contacting Ombudsman and Ethical and Professional Standards Command The person being detained is entitled to contact the Ombudsman or the officer in charge of the Ethical and Professional Standards Command. Terrorism (Emergency Powers) Act 2003 47 21ZK Contacting lawyer (1) The person being detained is entitled to contact a lawyer but solely for the purpose of: (a) obtaining advice from the lawyer about the person's legal rights in relation to: (i) the preventative detention order; or (ii) a prohibited contact order in force in relation to the person's detention; or (iii) the treatment of the person in relation to the person's detention under the order; or (b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in the Supreme Court relating to: (i) the review, revocation or variation of the preventative detention order; or (ii) the revocation or variation of a prohibited contact order in relation to the person's detention; or (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in a court for a remedy relating to the treatment of the person in relation to the person's detention under the order; or (d) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman or officer in charge of the Ethical and Professional Standards Command in relation to: (i) the exercise of powers under, and the performance of duties in relation to, the preventative detention order; and (ii) without limiting subparagraph (i), compliance with section 21T in relation to the preventative detention (iii) the person's treatment in relation to the person's detention under the preventative detention order; or (e) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court that is to take place while the person is being detained under the order. Terrorism (Emergency Powers) Act 2003 48 (2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes: (a) being visited by the lawyer; and (b) communicating with the lawyer by telephone, fax or email. (3) If: (a) the person being detained asks to be allowed to contact a particular lawyer under subsection (1); and (b) either: (i) the person is not entitled to contact that lawyer because of a prohibited contact order; or (ii) the person is not able to contact that lawyer, the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1). (4) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe: (a) the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language; and (b) the person may have difficulties in choosing or contacting a lawyer because of that inability, the officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1). (5) In recommending lawyers to the person being detained as part of giving the person assistance under subsection (3), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth. (6) Despite subsection (5) but subject to any prohibited contact order, the person being detained is entitled under this section to contact a lawyer who does not have a security clearance of the kind mentioned in subsection (5). Terrorism (Emergency Powers) Act 2003 49 21ZL Special contact rules for person under 18 or incapable of managing own affairs (1) This section applies if the person being detained under a preventative detention order (the detainee): (b) is incapable of managing his or her affairs. (2) The detainee is entitled, while being detained under the order, to have contact with: (a) a parent, guardian or decision maker (as defined in the Advance Personal Planning Act 2013) of the detainee; or (b) another person who: (i) is able to represent the detainee's interests; and (ii) is, as far as practicable in the circumstances, acceptable to the detainee and to the police officer who is detaining the detainee; and (iii) is not a police officer; and (iv) is not an AFP member or AFP employee within the meaning of the Australian Federal Police Act 1979 (Cth); and (v) is not a member (however described) of a police force of a State or another Territory; and (vi) is not an officer or employee of the Australian Security Intelligence Organisation. (3) To avoid doubt: (a) if the detainee has 2 parents or 2 or more guardians or decision makers, the detainee is entitled, subject to any prohibited contact order, to have contact under subsection (2) with each of those parents, guardians or decision makers; and (b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2): made in relation to the detainee; (ii) the fact that the detainee is being detained; Terrorism (Emergency Powers) Act 2003 50 (iii) the period for which the detainee is being detained. (4) The form of contact that the detainee is entitled to have with another person under subsection (2) includes: (a) being visited by that other person; and (b) communicating with that other person by telephone, fax or email. (5) The period for which the detainee is entitled to have contact with another person each day under subsection (2) is: (a) 2 hours; or (b) the longer period specified in the preventative detention order. (6) Despite subsection (5), the police officer who is detaining the detainee may permit the detainee to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5). (7) If: (a) the detainee has contact under subsection (2) with a parent, guardian or decision maker of the detainee (person A); and (b) a prohibited contact order is in force in relation to another parent, guardian or decision maker of the detainee (person B); the nominated police officer in relation to the preventative detention order must inform person A that person A must not disclose to person B information of the kind mentioned in section 21ZO(3)(b). Maximum penalty for subsection (7): Imprisonment for 5 years. 21ZM Monitoring contact with certain persons (1) The contact the person being detained has with another person under section 21ZI, 21ZK or 21ZL may take place only if it is conducted in a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order. (2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter. Terrorism (Emergency Powers) Act 2003 51 (3) Without limiting subsection (2), the interpreter mentioned in that subsection may be a police officer. (4) If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the person must: (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and (b) if it is reasonably practicable to do so, arrange for those services to be provided as soon as practicable. (5) Any communication between: (a) a person who is being detained under a preventative detention (b) a lawyer, for a purpose mentioned in section 21ZK is not admissible in evidence against the person in any proceeding in a court. 21ZN Entitlement to contact subject to prohibited contact order Sections 21ZI, 21ZK and 21ZL have effect subject to any prohibited contact order made in relation to the person's detention. 21ZO Disclosure offences (1) A person (the detainee) commits an offence if: (a) the detainee is being detained under a preventative detention (b) the detainee discloses to another person: (iv) the fact that a prohibited contact order has been made in relation to the detainee's detention; and Terrorism (Emergency Powers) Act 2003 52 (d) the disclosure is not one that the detainee is entitled to make under section 21ZI, 21ZJ, 21ZK or 21ZL. (2) A person (the lawyer) commits an offence if: (a) a person being detained under a preventative detention order (the detainee) contacts the lawyer under section 21ZK or a person with whom the detainee has contact under section 21ZL contacts the lawyer as mentioned in subsection (3)(e)(ii) of this section; and (b) the lawyer discloses to another person: (iv) any information that the detainee or other person gives the lawyer in the course of the contact; and (d) the disclosure is not made for the purposes of: (i) a proceeding in the Supreme Court for a remedy relating to the preventative detention order, a prohibited contact order or the treatment of the detainee in relation to the detainee's detention under the preventative detention (ii) a complaint to the Ombudsman or Ethical and Professional Standards Command in relation to the application for the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in relation to the detainee's detention under the preventative detention order; or (iii) making representations to the nominated police officer in relation to the preventative detention order, or another police officer involved in the detainee's detention, about: (A) the exercise of powers under the order or the performance of functions in relation to the order; or Terrorism (Emergency Powers) Act 2003 53 (B) the treatment of the detainee in relation to the detainee's detention under the order. (3) A person (the parent/guardian) commits an offence if: (a) a person being detained under a preventative detention order (the detainee) has contact with the parent/guardian under section 21ZL; and (b) the parent/guardian discloses to another person: (iv) any information that the detainee gives the parent/guardian in the course of the contact; and (c) the other person is not a person the detainee is entitled to have contact with under section 21ZL; and (d) the disclosure occurs while the detainee is being detained (e) the disclosure is not made for the purposes of: (i) a complaint to the Ombudsman or Ethical and Professional Standards Command in relation to the application for the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in relation to the detainee's detention under the preventative detention order; or (ii) contacting a lawyer whom the detainee is entitled to contact under section 21ZK for any purpose for which the detainee is entitled to contact that lawyer under that section; or (iii) making representations to the nominated police officer in relation to the preventative detention order, or another police officer involved in the detainee's detention, about: (A) the exercise of powers under the order or the performance of functions in relation to the order; or Terrorism (Emergency Powers) Act 2003 54 (B) the treatment of the detainee in relation to the detainee's detention under the order. (4) To avoid doubt, a person does not contravene subsection (2) or (3) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period. (5) A person (the parent/guardian) commits an offence if: (a) the parent/guardian is a parent or guardian of a person who is being detained under a preventative detention order (the detainee); and (b) the detainee has contact with the parent/guardian under section 21ZL; and (c) while the detainee is being detained under the order, the parent/guardian intentionally discloses information of the kind mentioned in subsection (3)(b) to another parent or guardian of the detainee (the other parent/guardian); and (d) when the disclosure is made, the detainee has not had contact with the other parent/guardian under section 21ZL while being detained under the order; and (e) when the disclosure is made, the parent/guardian has been informed under section 21ZL(7) by the nominated police officer in relation to the order that the parent/guardian must not disclose information of that kind to the other parent/guardian. (a) a person (the parent/guardian) is a parent or guardian of a person being detained under a preventative detention order (the detainee); and (b) the parent/guardian informs the nominated police officer in relation to the order that the parent/guardian proposes to disclose information of the kind mentioned in subsection (3)(b) to another parent or guardian of the detainee (the other parent/guardian), Terrorism (Emergency Powers) Act 2003 55 that police officer may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 21ZL. Note for subsection (6) The parent/guardian may commit an offence against subsection (3) if the other parent/guardian is a person the detainee is not entitled to have contact with under section 21ZL and the parent/guardian does disclose information of that kind to the other parent/guardian. This is because of the operation of subsection (3)(c). (7) A person (the interpreter) commits an offence if: (a) the interpreter is an interpreter who assists in monitoring the contact that a person being detained under a preventative detention order (the detainee) has with someone while the detainee is being detained under the order; and (b) the interpreter discloses to another person: (iv) any information that interpreter obtains in the course of assisting in the monitoring of that contact; and under the order. (8) A person (the disclosure recipient) commits an offence if: (a) a person (the earlier discloser) discloses to the disclosure recipient: made in relation to a person; or (ii) the fact that a person is being detained under a preventative detention order; or (iii) the place where the person is being detained; or Terrorism (Emergency Powers) Act 2003 56 (iv) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the (b) the disclosure by the earlier discloser to the disclosure recipient contravenes: (i) subsection (1), (2), (3), (5) or (7); or (ii) this subsection; and (c) the disclosure recipient discloses that information to another (d) the disclosure by the disclosure recipient occurs while the person mentioned in paragraph (a)(i), (ii) or (iii) is being detained under the order; and (e) the disclosure is not made to a person exercising authority under the preventative detention order or implementing or enforcing the order or with responsibility for the safety or well- being of the person being detained under the order. (9) A person (the monitor) commits an offence if: (a) the monitor is: (i) a police officer who monitors; or (ii) an interpreter who assists in monitoring, contact that a person being detained under a preventative detention order has with a lawyer under section 21ZK while the detainee is being detained under the order; and (b) information is communicated in the course of that contact; and (c) the information is communicated for one of the purposes mentioned in section 21ZK; and (d) the monitor discloses the information to another person. Terrorism (Emergency Powers) Act 2003 57 21ZP Questioning of person prohibited while person is detained (1) A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of: (a) determining whether the person is the person specified in the (b) ensuring the safety and well-being of the person being detained; or (c) allowing the officer to comply with a requirement of this Part in relation to the person's detention under the order. (2) A police officer must not question a person while the person is being detained under an order made under a corresponding law. Note for section 21ZP This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person). 21ZQ Taking identification material (1) A police officer must not take identification material from a person who is being detained under a preventative detention order other than under this section. (2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if: (a) the person consents in writing; or (b) the officer believes on reasonable grounds it is necessary to do so for the purpose of confirming the person's identity as the person specified in the order; or (c) the officer believes on reasonable grounds it is necessary to do so for documenting an illness or injury suffered by the person while being detained under the order. Terrorism (Emergency Powers) Act 2003 58 (3) Subject to this section, a police officer may only take identification material (other than hand prints, fingerprints, footprints or toe prints) from a person who: (b) is incapable of managing his or her affairs, if a Local Court Judge orders that the material be taken. (4) The taking of identification material from a person who: (b) is incapable of managing his or her affairs, must be done in the presence of: (c) a parent or guardian of the person; or (d) if a parent or guardian is not acceptable to the person – another appropriate person. (5) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if: (a) subsections (6) and (7) are satisfied; or (b) subsection (6) or (7) is satisfied (but not both) and a Local Court Judge orders that the material be taken. (6) For subsection (5), this subsection is satisfied if the person agrees in writing to the taking of the material. (7) For subsection (5), this subsection is satisfied if either: (a) a parent or guardian of the person; or (b) if a parent or guardian is not acceptable to the person – another appropriate person, agrees in writing to the taking of the material. (8) Despite this section, identification material may be taken from a person who: (a) is at least 18 years of age; and (b) is capable of managing his or her affairs, Terrorism (Emergency Powers) Act 2003 59 if the person consents in writing. (9) In this section: appropriate person, in relation to another person (the subject) who is under 18 years of age, or incapable of managing his or her affairs, means a person who: (a) is capable of representing the subject's interests; and (b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and (c) is none of the following: (i) a police officer; (ii) an AFP member or AFP employee within the meaning of the Australian Federal Police Act 1979 (Cth); (iii) a member (however described) of a police force of another State or Territory; (iv) an officer or employee of the Australian Security Intelligence Organisation. 21ZR Use of identification material (1) This section applies if identification material is taken under section 21ZQ from a person being detained under a preventative detention order. (2) The material may be used only for the purpose of determining whether the person is the person specified in the order. (3) A person who uses identification material in contravention of subsection (2) is guilty of an offence. (4) If: (a) a period of 12 months elapses after the identification material is taken; and (b) a proceeding has not been brought, or has been brought and discontinued or completed, within the period in relation to: (i) the preventative detention order; or Terrorism (Emergency Powers) Act 2003 60 (ii) the treatment of the person in relation to the person's detention under the order, the material must be destroyed as soon as practicable after the end of the period. 21ZS Annual reports to be given to Police Minister (1) The Commissioner must report annually on the exercise of powers under this Part by police officers. (2) The report must be given, within 4 months after each 30 June, to the Police Minister. (3) Without limiting subsection (1), the report must include the following matters relating to the year ending on 30 June: (a) the number of preventative detention orders made during the year and the number of applications for orders made during the year; (b) the number of applications for preventative detention orders in relation to adults and the number in relation to persons under 18 years of age; (c) the duration of each order made; (d) a statement as to whether each order was made to prevent a terrorist act or to preserve evidence; (e) a statement as to whether a person was taken into custody under each order and, if so, the period for which the person was detained; (f) a statement as to whether the person detained under an order was principally detained in a custodial correctional facility, youth detention centre, police facility or other place; (g) the number of prohibited contact orders made during the year and the number of applications for such orders, the duration of each order and the number made in relation to adults and the number made in relation to persons under 18 years of age; (h) the number of applications for revocation or variation of an order and the number of revocations and variations granted; Terrorism (Emergency Powers) Act 2003 61 (i) particulars of any complaints in relation to the detention of a person under a preventative detention order made or referred during the year to the Ombudsman and the outcome of complaints made; (j) a statement confirming the destruction of identification material required to be destroyed under section 21ZR(4). (3) The report may be combined with any other annual report of the Police Force of the Territory. (4) The Police Minister must table a copy of the report in the Legislative Assembly within 7 sitting days after receiving it. 21ZT Law relating to client legal privilege not affected To avoid doubt, this Part does not affect the law relating to client legal privilege. 21ZU Legal proceedings for remedy in relation to orders (1) This Part does not limit legal proceedings that may be brought in a court for a remedy in relation to: (a) a preventative detention order; or (b) a prohibited contact order; or (c) the treatment of a person in relation to the person's detention under a preventative detention order. (2) If a person applies to a court for a remedy in relation to: (a) the application for, or the making of, a preventative detention order or a prohibited contact order or the person's treatment in connection with the person's detention under a preventative detention order; and (b) the person applies to the court for an order under this subsection, the court may order the Commissioner to give the court, and the parties to the proceeding, the information that was put before the eligible Judge when the application for the order was made. (3) Subsection (2) does not require information to be given to the court, or the parties to the proceeding, if the disclosure of the information is likely to prejudice national security. Terrorism (Emergency Powers) Act 2003 62 21ZV Sunset provision (1) A preventative detention order, or prohibited contact order, that is in force at the end of 30 June 2026 ceases to be in force at that time. (2) A preventative detention order, and prohibited contact order, cannot be applied for, or made, after 30 June 2026.