18Making preventative detention order

18 Making preventative detention order (1) The Supreme Court may make a preventative detention order for a person on application under section 16. (2) However, the Supreme Court must not make a preventative detention order (other than an interim order) for a person if the person has not been— (a) served with a copy of the application; and (b) given written notice of the place, date and time the application is to be heard. Note For the making of interim preventative detention orders see s 20. (3) Also, the Supreme Court may make a preventative detention order for the person only if subsection (4) or (6) applies. (4) Subject to subsection (5), this subsection applies if the Supreme Court is satisfied, on reasonable grounds— (a) 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) that it is reasonably necessary to detain the person to prevent a terrorist act; and

(c) that detaining the person under the order is the least restrictive way of preventing the terrorist act mentioned in paragraph (b); and to be detained under the order is reasonably necessary to prevent the terrorist act. (5) For subsection (4), the terrorist act must be imminent and, in any event, be expected to happen some time within the next 14 days. (6) This subsection applies if the Supreme Court 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. (7) If the person has impaired decision-making ability, the court must also consider the following in deciding whether to make a preventative detention order for the person: (a) the nature and extent of the person’s impairment; (b) any other way it may be appropriate to deal with the person under a territory law. (8) If the Supreme Court makes a preventative detention order (other than an interim order) for a person, the court must— (a) when making the order, give its reasons for making the order; and

(b) ensure that reasonable steps are taken to explain to the person (and in language the person can readily understand) the effect of the order.