26FWho may apply for preventative detention orders

26F Who may apply for preventative detention orders

26F Who may apply for preventative detention orders

(1) A police officer may apply for a preventative detention order in relation to a person, but only if—

(a) the police officer is satisfied of the requirements under section 26D for making the order, and

(b) the police officer has obtained approval to make the application from—

(i) the Commissioner of Police, or

(ii) a Deputy Commissioner of Police, or

(iii) an Assistant Commissioner of Police responsible for counter-terrorism operations.

(2) The function of giving approval to the making of an application for an order cannot be delegated, but may be exercised by a police officer acting in a position referred to in subsection (1) (b).

ss 26F–26P: Ins 2005 No 114, Sch 1 [1].