20Making interim preventative detention order

20 Making interim preventative detention order (1) This section applies if— (a) an application for a preventative detention order for a person is made to the Supreme Court under section 16 without the person being served with a copy of the application, or being given notice of the place, date and time of the hearing; and (b) the application states that an interim order is applied for. (2) The Supreme Court may make an interim preventative detention order for the person pending hearing and making a final decision on the application if satisfied, on reasonable grounds, that— (a) 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 (b) the person has not been detained under a corresponding preventative detention order for the same terrorist act; and

(c) taking the person into custody, and detaining the person, pending hearing and making a final decision on the application is reasonably necessary to— (i) prevent a terrorist act; or (ii) preserve evidence of, or relating to, a terrorist act. (3) To remove any doubt, the Supreme Court may make an interim order for the person only if section 18 (4) or (6) also applies. (4) The interim order may be made in the absence of, and without notice to, the person (or any representative of the person). (5) If the Supreme Court makes an interim order for the person, the court (a) when making the interim order, give its reasons for making the (b) fix the date and time when the hearing of the application is to be resumed. (6) The date and time fixed must be no later than 24 hours after the interim order is made. (7) As soon as possible after the person is detained under the interim order, the police officer detaining the person must give the person— (b) written notice of the place, date and time of the resumed hearing.