New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26R

26R Nominated senior police officer to oversee order

(1) If a preventative detention order is made in relation to a person, the Commissioner or a Deputy Commissioner of Police, or an Assistant Commissioner of Police responsible for counter-terrorism operations, must nominate a police officer of or above the rank of superintendent ( "the nominated senior police officer") to oversee the exercise of functions under or in relation to the order.

(2) The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.

(3) The nominated senior police officer must:

(a) oversee the exercise of functions under the preventative detention order, and

(b) without limiting paragraph (a), ensure compliance with the obligation under Division 2 of the police officer detaining the person under the preventative detention order to apply for the revocation of the order, or for the revocation of a related prohibited contact order, if the grounds on which the order was made have ceased to exist, and

(c) consider any representations that are made under subsection (4) in relation to the above matters or to the treatment under the detention order of the detained person.

(4) Any such representations may be made to the nominated senior police officer by any of the following persons:

(a) the person being detained under the preventative detention order,

(b) a lawyer acting for that person in relation to the order,

(c) a person with whom that person has contact under section 26ZH.