New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26H

26H Supreme Court may make interim preventative detention order

(1) The Supreme Court may, pending the hearing and final determination of an application for a preventative detention order, make an interim preventative detention order.

(2) The Supreme Court is to make an interim order if:

(a) the application and any further information supplied by the applicant satisfy the requirements under section 26D for making the order, and

(b) the Court cannot proceed immediately to the hearing and determination of the application.

(3) The interim order may be made in the absence of, and without notice to, the person in relation to whom the order is to be made (or his or her representative).

(4) If the Supreme Court makes an interim order it must:

(a) fix the date on which, and the time at which, the hearing of the application is to be resumed, and

(b) give directions for notice to be given to the person subject to detention under the interim order (or his or her representative) of the date and time fixed for the resumed hearing.

(5) The Supreme Court may further adjourn the resumed hearing and continue the interim order in force until the adjourned hearing.

Note: Section 26L prevents an interim order remaining in force for more than 48 hours after the person was first taken into custody under the interim order.