42Release of person from preventative detention

42 Release of person from preventative detention (1) The police officer detaining a person under a preventative detention order may release the person from detention under the order. Note A person may be released, for example, so that the person may be arrested and charged with an offence and otherwise dealt with in relation to the charge. (2) The police officer who releases the person from detention under the preventative detention order must give the person a signed written statement that the person is being released from that detention. (3) The statement must identify the police officer who signs it. (4) To remove any doubt, a person is taken to have been released from detention under a preventative detention order if the person is taken into custody, or detained, on some other basis, whether or not the person is told that the person is being released from detention under the order.

(5) If a person is released from detention under a preventative detention (a) the order lapses; and (b) the person must not again be taken into custody, or detained, under the order (unless the order is reinstated under division 2.5).