16Applying for preventative detention order

16 Applying for preventative detention order (1) A senior police officer may apply to the Supreme Court for a preventative detention order for a person. (2) The senior police officer may make the application only if— (a) subsection (3) or (5) applies; and (b) the making of the application has been approved, in writing, by the chief police officer. (3) Subject to subsection (4), this subsection applies if the senior police officer— (a) suspects, on reasonable grounds, that the person— (i) intends, and has the capacity, to carry out a terrorist act; or (ii) possesses something connected with the preparation for, or carrying out of, a terrorist act; or (iii) has done an act in preparation for, or planning, a terrorist (b) is satisfied, on reasonable grounds— (i) that it is reasonably necessary to detain the person to prevent a terrorist act; and (ii) that detaining the person under the order is the least restrictive way of preventing the terrorist act mentioned in subparagraph (i); and (iii) that detaining the person for the period for which the person is to be detained under the order is reasonably necessary to prevent the terrorist act.

(4) For subsection (3), the terrorist act must be imminent and, in any event, be expected to happen some time within the next 14 days. (5) This subsection applies if the senior police officer is satisfied, on reasonable grounds— (a) that a terrorist act has happened within the last 28 days; and (b) that it is reasonably necessary to detain the person to preserve evidence in the ACT or elsewhere of, or relating to, the terrorist (c) that detaining the person under the order is the only effective way of preserving the evidence mentioned in paragraph (b); and to be detained under the order is reasonably necessary to preserve the evidence.