New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26K

26K Maximum period of detention and multiple preventative detention orders

(1) In this section:
"related order", in relation to a person, means an interim preventative detention order, another preventative detention order or an order under a corresponding law that is made against the person.

(2) The maximum period for which a person may be detained under a preventative detention order (other than an interim order) is 14 days. That maximum period is reduced by any period of actual detention under a related order against the person in relation to the same terrorist act.

Note: Under section 26L an interim order expires 48 hours after the person is first taken into custody under the order if the application for the order has not been heard and finally determined by that time.

(3) Despite subsection (2), the maximum period for which a person may be detained under a preventative detention order made on the basis of preserving evidence of, or relating to, a terrorist act that has occurred is not to be reduced by any period for which the person is detained under a preventative detention order or related order made on the basis of preventing a terrorist act.

(4) Subject to subsection (5), more than one preventative detention order may be made in relation to the same terrorist act (whether or not against the same person).

(5) Not more than one interim preventative detention order may be made against the same person in relation to the same terrorist act. This subsection does not prevent:

(a) an extension of an interim order under section 26H (5), or

(b) the making of another interim order following a further application for an order.

(6) A preventative detention order can be made against a person to take effect on the expiration of detention under a related order against the person.

Note: This Division does not authorise the extension of the period of an order. However, if the initial order does not authorise detention for the maximum period of detention in respect of the same terrorist act that is authorised by this section, further orders may be applied for and made (so long as that maximum period is not exceeded in respect of the total period of those orders).

(7) For the purposes of this section:

(a) a terrorist act ceases to be the same terrorist act if there is a change in the date on which the terrorist act is expected to occur, and

(b) a terrorist act that is expected to occur at a particular time does not cease to be the same terrorist act merely because of:

(i) a change in the persons expected to carry out the act at that time, or

(ii) a change in how or where the act is expected to be carried out at that time.