New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26F

26F Who may apply for preventative detention orders

(1) A police officer may apply for a preventative detention order in relation to a person, but only if:

(a) the police officer is satisfied of the requirements under section 26D for making the order, and

(b) the police officer has obtained approval to make the application from:

(i) the Commissioner of Police, or

(ii) a Deputy Commissioner of Police, or

(iii) an Assistant Commissioner of Police responsible for counter-terrorism operations.

(2) The function of giving approval to the making of an application for an order cannot be delegated, but may be exercised by a police officer acting in a position referred to in subsection (1) (b).