New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26N

26N Prohibited contact orders

(1) A police officer who applies to the Supreme Court for a preventative detention order in relation to a person (the "subject") may also apply for a prohibited contact order under this section in relation to the subject’s detention under the preventative detention order.

(2) If a preventative detention order is in force in relation to the subject, a police officer may apply to the Supreme Court for a prohibited contact order under this section in relation to the subject’s detention under the preventative detention order.

(3) The application must be in writing and sworn, and set out:

(a) the terms of the order sought, and

(b) the facts and other grounds on which the police officer considers that the order should be made.

(4) If the Supreme Court is satisfied that making a prohibited contact order is reasonably necessary to achieve the purposes of the preventative detention order, the Court may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.

(5) An application for a prohibited contact 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 the 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 order may be transmitted to the applicant by telephone, fax, email or other electronic communication, and

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

(6) A prohibited contact order may be revoked by the Supreme Court, on application made by the person in relation to whom the relevant preventative detention order relates or on application by a police officer.

(7) An application for the revocation of a prohibited contact order must be made by a police officer detaining the person under the relevant preventative detention order if the police officer is satisfied that the grounds on which the prohibited contact order was made have ceased to exist.

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