26DWhen preventative detention orders may be made

#### 26D When preventative detention orders may be made 26D When preventative detention orders may be made > > (1) Preventing terrorist acts occurring A preventative detention order may be made against a person if— > > > > > (a) there are reasonable grounds to suspect that the person— > > > > > > > (i) will engage in a terrorist act, or > > > > > > > (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act, or > > > > > > > (iii) has done an act in preparation for, or planning, a terrorist act, and > > > > > (b) making the order would substantially assist in preventing a terrorist act occurring, and > > > > > (c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring. > > > > There must be reasonable grounds to suspect that any such terrorist act could occur at some time in the next 14 days. > > > (2) Preserving evidence of terrorist acts that have occurred A preventative detention order may also be made against a person if— > > > > > (a) a terrorist act has occurred within the last 28 days, and > > > > > (b) it is necessary to detain the person to preserve evidence in New South Wales or elsewhere of, or relating to, the terrorist act, and > > > > > (c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving any such evidence. > > > > Note. > > > > As a consequence of the operation of section 4A, it does not matter whether the location of the terrorist act is in New South Wales or elsewhere. > > **s 26D:** Ins 2005 No 114, Sch 1 \[1\]. Am 2016 No 17, Sch 1 \[6\].