TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 - SECT 31 Setting aside or amending preventative detention orders

TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 - SECT 31

    (1)     The person for whom a preventative detention order has been made, or a senior police officer, may apply to the Supreme Court for the order to be set aside or amended.

    (2)     However, if the police officer detaining the person under the preventative detention order is satisfied that the grounds on which the order was made do not exist, or no longer exist, then—

        (a)     if the officer is a senior police officer—the officer must apply to the Supreme Court under subsection (1) for the order to be set aside; and

        (b)     if the officer is not a senior police officer—the officer must tell a senior police officer in writing and, if the senior police officer is satisfied that the grounds on which the order was made do not exist or no longer exist, the senior police officer must apply to the Supreme Court under subsection (1) for the order to be set aside.

    (3)     On application under subsection (1), the Supreme Court—

        (a)     must, by order, set aside the preventative detention order if satisfied that the grounds on which the order was made do not exist or no longer exist; and

        (b)     may, by order, set the preventative detention order aside if satisfied that it is appropriate that the order be set aside because of—

              (i)     new facts and circumstances that have arisen since the order was made, extended or last extended; or

              (ii)     facts and circumstances that were not before the court when the order was made, extended or last extended.

Note     If the order is set aside, it ceases to have effect (see s 22 (2) (d) and s 30 (e)).

    (4)     If the Supreme Court sets the preventative detention order aside, the police officer detaining the person under the order must give written notice of the setting aside of the order to the director-general.

    (5)     If the person has been detained under the preventative detention order and the Supreme Court sets the order aside, the court may order the Territory to pay compensation to the person for the detention if the court considers that, because of facts and circumstances not before the court when the order was made, extended or last extended, the order should not have been made, extended or last extended.

    (6)     On application under subsection (1), the Supreme Court may amend the preventative detention order if satisfied that it is appropriate that the order be amended because of—

        (a)     new facts and circumstances that have arisen since the order was made, extended or last extended; or

        (b)     facts and circumstances that were not before the court when the order was made, extended or last extended.