Terrorism (Extraordinary Temporary Powers) Act 2006
32Prohibited contact orders
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32 Prohibited contact orders (1) If a senior police officer applies to the Supreme Court for a preventative detention order for a person, the police officer may also apply to the Supreme Court for a prohibited contact order in relation to the person’s detention under the preventative detention order. (2) If a preventative detention order is in force for the person, a senior police officer may apply to the Supreme Court for a prohibited contact order in relation to the person’s detention under the (3) A senior police officer may apply for a prohibited contact order in relation to a person’s detention under a preventative detention order only if the officer is satisfied, on reasonable grounds, that the prohibited contact order is reasonably necessary for 1 or more of the following purposes: (a) to avoid jeopardising action that is being taken to prevent a terrorist act; (b) to prevent serious harm to a person; (c) to preserve evidence of, or relating to, a terrorist act; (d) to prevent interference with the gathering of information about— (i) a terrorist act; or (ii) the preparation for, or the planning of, a terrorist act;
Division 2.7 Preventative detention orders—prohibited contact orders (e) to avoid jeopardising— (i) the arrest of a person who is suspected of having committed an offence against the Commonwealth Criminal Code, part 5.3 (Terrorism) or another serious offence; or (ii) the taking into custody of a person for whom a preventative detention order is in force or for whom a preventative detention order is likely to be made; or (iii) the service on a person of a control order under the Commonwealth Criminal Code, division 104. (4) An application under this section must— (b) set out the terms of the order sought; and (c) set out the facts and other grounds on which the applicant considers the order should be made; and (d) state that the applicant 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 (e) set out the inquiries the applicant has made about the matter mentioned in paragraph (d). application, whether they are favourable or adverse to a decision to
Preventative detention orders—prohibited contact orders Division 2.7 (6) The information in the application must be sworn on oath by the (7) The Supreme Court may make a prohibited contact order prohibiting the person for whom a preventative detention order has been made from contacting, while the person is detained under the preventative detention order, the person or people stated in the prohibited contact order if the court is satisfied, on reasonable grounds, that the prohibited contact order is reasonably necessary for 1 or more of the purposes mentioned in subsection (3).