New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26D

26D When preventative detention orders may be made

(1) Preventing terrorist acts occurring A preventative detention order may be made against a person if:

(a) there are reasonable grounds to suspect that the person:

(i) will engage in a terrorist act, or

(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act, or

(iii) has done an act in preparation for, or planning, a terrorist act, and

(b) making the order would substantially assist in preventing a terrorist act occurring, and

(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.

Any such terrorist act must be imminent and, in any event, be expected to occur at some time in the next 14 days.

(2) Preserving evidence of terrorist acts that have occurred A preventative detention order may also be made against a person if:

(a) a terrorist act has occurred within the last 28 days, and

(b) it is necessary to detain the person to preserve evidence in New South Wales or elsewhere of, or relating to, the terrorist act, and

(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving any such evidence.

Note: As a consequence of the operation of section 4A, it does not matter whether the location of the terrorist act is in New South Wales or elsewhere.