New South Wales Bills Explanatory Notes

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TERRORISM (POLICE POWERS) AMENDMENT (PREVENTATIVE DETENTION ORDERS) BILL 2007

Explanatory Notes

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill


This Bill amends the Terrorism (Police Powers) Act 2002 in relation to the detention
in a correctional or juvenile detention centre of a person subject to a preventative
detention order under that Act. Section 26X of that Act currently provides for an
arrangement to be made by relevant authorities for that detention and authorises the
regulations to exclude the application to any such person of any provisions of the
legislation relating to detention in a correctional or juvenile detention centre. The
object of this Bill is to make it clear that the provisions of that legislation apply to
any such person, except to the extent that any such provision:


(a) is inconsistent with a requirement of that Act or the arrangement made for the
person’s detention, or

(b) entitles a person to visit the person or entitles the person to communicate with
another person (because that Act makes detailed provision for such matters),
or

(c) is excluded by the regulations.

Outline of provisions


Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendment to the Terrorism
(Police Powers) Act 2002 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after the amendment made by
the proposed Act has commenced.

Schedule 1 Amendment
The Schedule sets out the amendment to section 26X of the Terrorism (Police
Powers) Act 2002 outlined above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 


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