TERRORISM (POLICE POWERS) ACT 2002 - SECT 25J Provisions relating to applications for and issue of detention warrants

TERRORISM (POLICE POWERS) ACT 2002 - SECT 25J

25J Provisions relating to applications for and issue of detention warrants

(1) An application for a detention warrant may be made by the applicant in person or by telephone.

(2) In the case of an application made in person, the eligible Judge is not to issue a detention warrant unless the information given by the applicant in or in connection with the application is verified before the Judge on oath or affirmation or by affidavit. The eligible Judge may administer an oath or affirmation or take an affidavit for the purposes of the application.

(3) In the case of an application made by telephone--

(a) the eligible Judge is not to issue a detention warrant unless satisfied the warrant is required urgently and that it is not practicable for the application to be made in person, and

(b) the detention warrant is to be furnished to the applicant or the applicant is to be informed by the eligible Judge of the terms of the warrant, and

(c) the applicant must, within 1 day after the day on which the warrant is issued, give or transmit to the eligible Judge an affidavit setting out the information on which the application was based that was given to the eligible Judge when the application was made.

(4) A copy of an affidavit under this section is to be provided to the terrorism suspect or to his or her legal representative.

(5) A person must not, in or in connection with an application for a detention warrant in person or by telephone, give information to an eligible Judge that the person knows to be false or misleading in a material particular. This subsection applies whether or not the information given is also verified on oath or affirmation or by affidavit.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(6) An eligible Judge who issues or refuses to issue a detention warrant must cause a record to be made of the grounds relied on by the eligible Judge to justify the issue of or refusal to issue the warrant. The regulations may make provision for or with respect to the keeping and inspection of any such record.

(7) This section is subject to section 25K.