17Application for preventative detention order—contents

17 Application for preventative detention order—contents etc (1) An application under section 16 by a senior police officer for a preventative detention order for a person must— (b) state the following particulars about the person for whom the order is sought: (i) the person’s full name; (ii) the address of the place where the person is living; (iii) the address of the place where the person usually lives; and (c) state whether an interim order is applied for and, if it is applied for— (i) state that the person is not in custody, or being detained, under a territory law or a law of the Commonwealth, a State or another Territory; and

(ii) state that the person has not been detained under a corresponding preventative detention order for the same terrorist act; and (iii) set out the facts and other grounds on which the officer considers that an interim order should be made for the person; and (d) set out the facts and other grounds on which the officer considers a preventative detention order should be made for the person; and (e) state the period for which the person is to be detained under a preventative detention order and set out the facts and other grounds on which the officer considers that the person should be detained for that period; and (f) state that the officer does not suspect that any of the facts and other grounds relied on in making the application are based on information obtained, directly or indirectly, from torture; and Note Torture is defined in s 96 (3). (g) set out the information that the officer has about the person’s age and decision-making ability; and (h) state that the officer is satisfied that the person is not a child; and Note Child means an individual who is under 18 years old (see Legislation Act, dict, pt 1). (i) state whether the officer suspects, or has any grounds to suspect, that the person has impaired decision-making ability; and (j) set out the following: (i) particulars of all preventative detention orders previously made for the person; (ii) particulars of all periods for which the person has been detained under a preventative detention order;

(iii) the outcomes and particulars of all applications previously made and proceedings previously taken by or in relation to the person under this part; and (k) set out the following (to the extent that the officer has the information): (i) particulars of all corresponding preventative detention orders previously made for the person; (ii) particulars of all periods for which the person has been detained under corresponding preventative detention orders; (iii) the outcomes and particulars of all applications (however described) previously made, and all proceedings previously taken, by or in relation to the person under corresponding preventative detention laws; (iv) particulars of all orders previously made for the person under the Commonwealth Criminal Code, division 104 (Control orders); (v) the outcomes and particulars of all requests and applications (however described) previously made, and all proceedings previously taken, by or in relation to the person under the Commonwealth Criminal Code, division 104; (vi) particulars of all periods for which the person has been detained under the Australian Security Intelligence Organisation Act 1979 (Cwlth), part 3, division 3 (Special powers relating to terrorism offences) within the last 3 months; and Note Disclosure of this information is not required if the disclosure would be an offence against that Act (see s (6)).