TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 - SECT 21 Preventative detention order—contents etc

TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 - SECT 21

    (1)     A preventative detention order (including an interim order) for a person is an order that the person may be taken into custody and detained, or detained, during a period that—

        (a)     starts when the order has effect under section 22 (1); and

        (b)     ends at the time (the end time ) stated in the order.

    (2)     The end time for an interim order must be no later than 24 hours after the person is first detained under the order.

    (3)     The end time for any other preventative detention order must be—

        (a)     no later than 7 days after the person is first detained under the order; and

        (b)     no later than 14 days after the person is first taken into custody and detained, or detained, under any preventative detention order, or corresponding preventative detention order, made on the same basis for the same terrorist act.

    (4)     The preventative detention order must be in writing.

    (5)     The preventative detention order must state—

        (a)     the person's name; and

        (b)     the address of the place where the person is living; and

        (c)     the address of the place where the person usually lives; and

        (d)     the date and time when the order is made; and

        (e)     the period during which the person may be detained under the order.

    (6)     If the person has impaired decision-making ability, the preventative detention order may provide that the period each day for which the person is entitled to have contact with a stated person under section 53 (Special contact rules for people with impaired decision-making ability) is the stated period of longer than 2 hours.

    (7)     Also, if the person has impaired decision-making ability, the preventative detention order may state both of the following:

        (a)     that the person may not be contacted under section 54 (Person with impaired decision-making ability to be contacted by public advocate) within 24 hours after being detained under the order;

        (b)     that the person must be contacted under section 54 after the end of the 24-hour period within a period stated in the order.

    (8)     However, if the person has impaired decision-making ability and the preventative detention order is an interim order, the order may state that the person may not be contacted under section 54 while being detained under the interim order.

    (9)     The only basis for a decision under subsection (7) or (8) is that preventing the contact is necessary because the contact would significantly increase the risk of a terrorist act happening or seriously undermine the effectiveness of the preventative detention order.

    (10)     The preventative detention order may state that the person may have contact under section 50 (4) (Contact with family members etc) with a stated person or stated people (including any child of the person) for the period, and on the days, stated in the order.

    (11)     A reference in subsection (3) to a number of days is a reference to the number of hours in that number of days.