New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26G

26G Applications for preventative detention orders

(1) An application for a preventative detention order must:

(a) subject to subsection (2), be in writing and sworn, and

(b) set out the facts and other grounds on which the police officer considers the order should be made, and

(c) specify the period for which the person is to be detained under the order and set out the facts and other grounds on which the police officer considers that the person should be detained for that period, and

(d) set out the information (if any) that the applicant has about the person’s age, and

(e) set out the following:

(i) the outcomes and particulars of all previous applications for preventative detention orders made in relation to the person,

(ii) the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding law,

(iii) the information (if any) that the applicant has about any control order (including any interim control order) made in relation to the person under Division 104 of the Criminal Code of the Commonwealth.

The application must also fully disclose all relevant matters of which the applicant is aware, both favourable and adverse to the making of the order.

(2) An application for a preventative detention order that is required urgently may be made by telephone, fax, email or other electronic communication. In that case:

(a) the Supreme Court may make an interim preventative detention order if satisfied it is not practicable for the applicant to appear before the Court to make the application, and

(b) the terms of the interim order and related directions and other matters may be transmitted to the applicant by telephone, fax, email or other electronic communication, and

(c) a written record relating to the application and interim order is to be made as soon as practicable by or at the direction of the Court.

(3) The Supreme Court may refuse to make a preventative detention order unless the police officer applying for the order gives the Court any further information that the Court requests concerning the facts and other grounds on which the police officer considers the order should be made.