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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Terrorism (Preventative
Detention) Bill 2005
Queensland
Terrorism (Preventative Detention) Bill
2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Extraterritoriality of terrorist act no barrier . . . . . . . . . . . . . . . . . . 7
7 Issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Preventative detention orders
Division 1 General
8 Basis for applying for, and making, a preventative detention
order ........................................ 8
9 No preventative detention order for person under 16 years of
age ......................................... 9
10 Multiple preventative detention orders . . . . . . . . . . . . . . . . . . . . . 9
11 Restrictions on subject matter of multiple preventative detention
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Restrictions on period of detention under multiple preventative
detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Presence or absence at application for order of detainee and
other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 General provisions that apply if the PIM must be notified about
an application to an issuing authority . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Initial orders
15 Application for initial order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Issuing authority may make initial order . . . . . . . . . . . . . . . . . . . . 14
18 Duration of initial order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Terrorism (Preventative Detention) Bill 2005
19 Application for extension of initial order . . . . . . . . . . . . . . . . . . . . 16
20 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Issuing authority may extend initial order . . . . . . . . . . . . . . . . . . . 18
Division 3 Final orders
22 Application for final order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Notice to and representations by the person . . . . . . . . . . . . . . . . 20
24 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Issuing authority may make final order. . . . . . . . . . . . . . . . . . . . . 21
26 Duration of final order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Application for extension of final order . . . . . . . . . . . . . . . . . . . . . 23
28 Further provisions about application for extension of final order . 23
29 Notice to and representations by the person . . . . . . . . . . . . . . . . 24
30 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Issuing authority may extend final order. . . . . . . . . . . . . . . . . . . . 25
Division 4 Prohibited contact orders
32 Prohibited contact order for person for whom preventative
detention order is being sought . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Prohibited contact order for person for whom preventative
detention order is already in force . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Notice to PIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5 Revocation of orders by issuing authority
35 Revocation of preventative detention order or prohibited contact
order ............................................ 28
36 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 3 Carrying out preventative detention orders
37 Power to detain person under preventative detention order . . . . . 29
38 Nominated police officer to oversee functions and powers . . . . . 29
39 Endorsement of order with date and time person taken into
custody ........................................ 31
40 Requirement to provide name etc. . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Power to enter premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
42 Power to conduct a frisk search . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 Power to conduct an ordinary search . . . . . . . . . . . . . . . . . . . . . . 33
44 ASIO warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Release of person from preventative detention . . . . . . . . . . . . . . 34
46 Arrangement for detainee to be held . . . . . . . . . . . . . . . . . . . . . . 36
3
Terrorism (Preventative Detention) Bill 2005
Part 4 Informing person detained about preventative detention
order
47 Effect of initial order to be explained to person detained . . . . . . . 38
48 Effect of final order to be explained to person detained . . . . . . . . 40
49 Person being detained to be informed of extension of
preventative detention order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
50 Compliance with obligations to inform . . . . . . . . . . . . . . . . . . . . . 42
51 Copy of preventative detention order and summary of grounds. . 42
Part 5 Treatment of person detained
Division 1 General
52 Humane treatment of person being detained . . . . . . . . . . . . . . . . 44
53 Questioning of person prohibited while person is detained . . . . . 44
54 Offences of contravening safeguards . . . . . . . . . . . . . . . . . . . . . . 45
Division 2 Contact provisions
55 Restriction on contact with other people . . . . . . . . . . . . . . . . . . . 46
56 Contacting family members etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
57 Contacting ombudsman and crime and misconduct commission 47
58 Contacting lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
59 Monitoring contact under section 56, 58 or 61 . . . . . . . . . . . . . . . 49
60 Special contact rules for child or person of impaired capacity . . . 50
61 Child or person of impaired capacity to be contacted by relevant
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
62 The relevant chief executive and the chief executive's delegate . 54
63 Entitlement to contact subject to prohibited contact order . . . . . . 54
Division 3 Disclosure offences
64 Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
65 Parent/guardian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
66 Interpreter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
67 Disclosure recipient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
68 Persons who monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4 Identifying particulars
69 Taking identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
70 Use of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 6 Reviews and other remedies
71 Review by Supreme Court on application of detained person . . . 62
72 Review by Supreme Court initiated by police officer detaining a
person ........................................... 62
73 Supreme Court hearing and decision. . . . . . . . . . . . . . . . . . . . . . 63
4
Terrorism (Preventative Detention) Bill 2005
74 Stay of revocation pending outcome of appeal. . . . . . . . . . . . . . . 64
75 Proceedings in relation to preventative detention orders
generally saved and right of compensation conferred . . . . . . . . . 64
76 Supreme Court to establish procedures for ensuring secrecy of
proceedings under this Act while terrorist threat exists . . . . . . . . 65
Part 7 Miscellaneous
77 Nature of functions of judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
78 Nature of functions of magistrate . . . . . . . . . . . . . . . . . . . . . . . . . 67
79 Obtaining orders by telephone or similar facility. . . . . . . . . . . . . . 67
80 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
81 Other functions not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
82 Law relating to legal professional privilege not affected . . . . . . . . 68
83 Sunset provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
84 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 8 Amendment of Police Powers and Responsibilities Act 2000
85 Act amended in pt 8 and references. . . . . . . . . . . . . . . . . . . . . . . 68
86 Amendment of s 159 (Monitor's functions) . . . . . . . . . . . . . . . . . . 69
87 Amendment of s 160 (Monitor's annual report) . . . . . . . . . . . . . . 70
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
2005
A Bill
for
An Act to authorise preventative detention in connection with
terrorist acts, and for other purposes
s1 6 s5
Terrorism (Preventative Detention) Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Terrorism (Preventative 4
Detention) Act 2005. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Object 8
The object of this Act is to allow a person to be taken into 9
custody and detained for a short period of time in order to-- 10
(a) prevent a terrorist act occurring in the near future; or 11
(b) preserve evidence of, or relating to, a recent terrorist act. 12
13
Note--
14
Section 53 provides that, while a person is being detained under a
15
preventative detention order, the person may only be questioned for very
16
limited purposes.
4 Definitions 17
The dictionary in the schedule defines particular words used 18
in this Act. 19
5 Act binds all persons 20
(1) This Act binds all persons, including the State, and so far as 21
the legislative power of the Parliament permits, the other 22
States and the Commonwealth. 23
(2) Nothing in this Act makes a State or the Commonwealth 24
liable to be prosecuted for an offence. 25
s6 7 s7
Terrorism (Preventative Detention) Bill 2005
6 Extraterritoriality of terrorist act no barrier 1
To remove any doubt, it is declared that powers and functions 2
conferred by this Act in relation to a terrorist act or suspected 3
terrorist act may be exercised whether the terrorist act or 4
suspected terrorist act has been, is being, or is likely to be 5
committed in Queensland or outside Queensland. 6
7 Issuing authority 7
(1) The issuing authority for an initial order is a senior police 8
officer. 9
(2) The issuing authority for a final order is-- 10
(a) a judge; or 11
(b) a retired judge. 12
(3) For an application to the issuing authority to extend, or further 13
extend, or to revoke, a preventative detention order, the 14
issuing authority is-- 15
(a) for an initial order--the senior police officer who made 16
the order or another senior police officer; or 17
(b) for a final order--the judge or retired judge who made 18
the order or another judge or retired judge. 19
(4) A judge or retired judge can not perform a function as the 20
issuing authority unless-- 21
(a) the judge or retired judge has consented in writing to 22
performing the function; and 23
(b) the consent is in force. 24
(5) A senior police officer can not delegate a power to make 25
orders under this Act other than to another senior police 26
officer. 27
s8 8 s8
Terrorism (Preventative Detention) Bill 2005
Part 2 Preventative detention orders 1
Division 1 General 2
8 Basis for applying for, and making, a preventative 3
detention order 4
(1) A police officer may apply for a preventative detention order 5
for a person only if the police officer meets the requirements 6
of subsection (3) or (5). 7
(2) The issuing authority may make a preventative detention 8
order for a person only if the issuing authority meets the 9
requirements of subsection (3) or (5). 10
(3) The police officer or issuing authority meets the requirements 11
of this subsection if the police officer or issuing authority is 12
satisfied-- 13
(a) there are reasonable grounds to suspect that the 14
person-- 15
(i) will engage in a terrorist act; or 16
(ii) possesses a thing that is connected with the 17
preparation for, or the engagement of a person in, a 18
terrorist act; or 19
(iii) has done an act in preparation for, or in planning, a 20
terrorist act; and 21
(b) making the order would substantially assist in 22
preventing a terrorist act occurring; and 23
(c) detaining the person for the period for which the person 24
is to be detained under the order is reasonably necessary 25
for the purpose of substantially assisting in preventing a 26
terrorist act occurring. 27
(4) For subsection (3), a terrorist act must be imminent and, in 28
any event, be expected to occur at some time in the next 14 29
days. 30
(5) Also, the police officer or issuing authority meets the 31
requirements of this subsection if the police officer or issuing 32
authority is satisfied on reasonable grounds-- 33
s9 9 s 11
Terrorism (Preventative Detention) Bill 2005
(a) a terrorist act has occurred within the last 28 days; and 1
(b) it is necessary to detain the person to preserve evidence 2
in Queensland or elsewhere of, or relating to, the 3
terrorist act; and 4
(c) detaining the person for the period for which the person 5
is to be detained under the order is reasonably necessary 6
for the purpose of preserving the evidence. 7
(6) The issuing authority may refuse to make a preventative 8
detention order unless the police officer applying for the order 9
gives the issuing authority any further information that the 10
issuing authority requests about the facts and other grounds on 11
which the police officer making the application considers the 12
order should be made. 13
9 No preventative detention order for person under 16 14
years of age 15
(1) A preventive detention order can not be applied for, or made, 16
for a person who is under 16 years of age. 17
(2) If-- 18
(a) a person is being detained under a preventative detention 19
order or a purported preventative detention order; and 20
(b) the police officer who is detaining the person is satisfied 21
on reasonable grounds that the person is under 16 years 22
of age; 23
the police officer must release the person, as soon as 24
practicable, from detention under the order or purported order. 25
10 Multiple preventative detention orders 26
Subject to sections 11 and 12, any number of preventative 27
detention orders of any type may be made for a person. 28
11 Restrictions on subject matter of multiple preventative 29
detention orders 30
(1) Nothing in subsections (2) to (4) prevents the making of-- 31
s 11 10 s 11
Terrorism (Preventative Detention) Bill 2005
(a) a final order for a person for a terrorist act following the 1
making of an initial order for the person for the same 2
terrorist act; or 3
(b) an order extending, or further extending, an existing 4
preventative detention order; or 5
(c) any order following the making of an order for a 6
person's detention under a corresponding law of the 7
Commonwealth. 8
(2) If-- 9
(a) a preventative detention order, or an order for a person's 10
detention under a corresponding law of another State, is 11
made for a person on the basis of assisting in preventing 12
a terrorist act occurring within a particular period; and 13
(b) the person is taken into custody under the order; 14
a preventative detention order can not be applied for, or made, 15
under this Act for the person on the basis of assisting in 16
preventing the same terrorist act occurring within that period. 17
18
Note--
19
It will be possible to apply for, and make, another preventative detention
20
order for the person on the basis of preserving evidence of, or relating
21
to, the terrorist act if it occurs.
(3) If-- 22
(a) a preventative detention order, or an order for a person's 23
detention under a corresponding law of another State, is 24
made for a person on the basis of assisting in preventing 25
a terrorist act occurring within a particular period; and 26
(b) the person is taken into custody under the order; 27
a preventative detention order can not be applied for, or made, 28
under this Act for the person on the basis of assisting in 29
preventing a different terrorist act occurring within that period 30
unless the application, or the order, is based on information 31
that became available to be put before the issuing authority 32
only after the order mentioned in paragraph (a) was made. 33
(4) If-- 34
(a) a preventative detention order, or an order for a person's 35
detention under a corresponding law of another State, is 36
s 12 11 s 13
Terrorism (Preventative Detention) Bill 2005
made for a person on the basis of preserving evidence 1
of, or relating to, a terrorist act; and 2
(b) the person is taken into custody under the order; 3
a preventative detention order can not be applied for, or made, 4
under this Act for the person on the basis of preserving 5
evidence of, or relating to, the same terrorist act. 6
12 Restrictions on period of detention under multiple 7
preventative detention orders 8
(1) The prescribed 24 hour period, for an initial order, is the 9
period that ensures that in no case can a person be detained 10
under the initial order longer than 24 hours after being taken 11
into custody under any preventative detention order, or any 12
order for the person's detention made under a corresponding 13
law, for the same terrorist act. 14
(2) The prescribed 14 day period, for a final order, is the period 15
that ensures that in no case can a person be detained under the 16
final order longer than 14 days after being taken into custody 17
under any preventative detention order, or any order for the 18
person's detention made under a corresponding law, for the 19
same terrorist act. 20
(3) If, because of the application of subsection (1) or (2), a period 21
is nil for a particular order, the order can not be made. 22
13 Presence or absence at application for order of detainee 23
and other persons 24
(1) This section applies in relation to an application for a 25
preventative detention order or the extension, or further 26
extension, of a preventative detention order for a person (an 27
application and the detainee). 28
(2) Unless expressly provided for in relation to an application, the 29
detainee, or a representative of the detainee, is not entitled to 30
be given notice of the application, to be present at the 31
application or to make representations in relation to the 32
application. 33
(3) Subject to subsection (2), no person other than the following 34
persons may be present at an application-- 35
s 14 12 s 15
Terrorism (Preventative Detention) Bill 2005
(a) the issuing authority and anyone assisting the issuing 1
authority; 2
(b) the applicant and any person assisting the applicant in 3
the application; 4
(c) if the detainee is permitted to be at the application under 5
another provision of this Act--the detainee and any 6
person assisting the detainee in the application. 7
(4) Despite subsection (3), the issuing authority, in the public 8
interest, may further limit those who may be present at a 9
particular application. 10
14 General provisions that apply if the PIM must be notified 11
about an application to an issuing authority 12
(1) This section applies to an application to an issuing authority 13
about which the PIM is required to be notified. 14
(2) The applicant must give the PIM-- 15
(a) a copy of the application; and 16
(b) notice of the place, date and time the application will be 17
heard. 18
(3) The PIM is entitled to be present when the application is 19
heard, to ask questions of any person giving information to the 20
issuing authority and to make any representations to the 21
issuing authority. 22
(4) Without limiting subsection (3), the PIM is entitled to make 23
representations to the issuing authority in the issuing 24
authority's presence or by phone, fax, email or any other 25
reasonable way. 26
Division 2 Initial orders 27
15 Application for initial order 28
(1) A police officer may apply to the issuing authority for an 29
initial preventative detention order for a person in relation to a 30
terrorist act (an initial order). 31
(2) The application must be in writing and state-- 32
s 15 13 s 15
Terrorism (Preventative Detention) Bill 2005
(a) the facts and other grounds on which the applicant 1
considers the order should be made; and 2
(b) the period for which the person is to be detained under 3
the order and the facts and other grounds on which the 4
applicant considers that the person should be detained 5
for that period; and 6
(c) any information that the applicant may have about the 7
person's age; and 8
(d) the outcomes and particulars of all previous applications 9
for preventative detention orders made for the person; 10
and 11
(e) any information that the applicant may have about any 12
periods for which the person has been detained under an 13
order made under a corresponding law; and 14
(f) any information that the applicant may have about any 15
Commonwealth control order made for the person; and 16
(g) for any children who may reside with or be associated 17
with the person-- 18
(i) the inquiries that have been made to find out 19
whether there are children who reside with or are 20
associated with the person; and 21
(ii) if children reside with or are associated with the 22
person--the information the applicant has about 23
the children and the provisions that are proposed 24
for the initial order to protect the interests of the 25
children. 26
(3) Also, if the person is a child or of impaired capacity, the 27
application must state-- 28
(a) whether the person may be contacted under section 61 29
while detained under the order; and 30
(b) if the person may not be contacted under section 61 31
because the contact would seriously prejudice national 32
security--the grounds for preventing the contact. 33
(4) If section 11(3) applies to the application, the application 34
must identify the information mentioned in the subsection on 35
which the application is based. 36
s 16 14 s 17
Terrorism (Preventative Detention) Bill 2005
(5) The application must also fully disclose all matters of which 1
the applicant is aware, both favourable and adverse to the 2
making of the order. 3
4
Note--
5
See the Criminal Code, chapters 16 and 20, for relevant offences.
16 PIM must be notified 6
(1) The applicant must notify the PIM of the application under 7
arrangements decided by the PIM. 8
(2) If the PIM is not reasonably able to be contacted for the 9
application-- 10
(a) the application may proceed without the PIM being 11
notified; and 12
(b) the PIM must be notified as soon as possible and given 13
any information requested by the PIM that the PIM 14
would have been entitled to obtain for or during the 15
application. 16
17
Example of when PIM is not reasonably able to be contacted--
18
The public interest monitor and any deputy public interest monitor are
19
telephoned but do not answer the phone or return calls when asked to
20
call back.
17 Issuing authority may make initial order 21
(1) On application by the police officer, the issuing authority may 22
make an initial order under this section for the person. 23
(2) Subsection (1) has effect subject to the following sections-- 24
· section 8 (Basis for applying for, and making, a 25
preventative detention order) 26
· section 9 (No preventative detention order for person 27
under 16 years of age) 28
· section 11 (Restrictions on subject matter of multiple 29
preventative detention orders) 30
· section 12 (Restrictions on period of detention under 31
multiple preventative detention orders). 32
(3) An initial order is an order that the person may be-- 33
s 17 15 s 17
Terrorism (Preventative Detention) Bill 2005
(a) taken into custody; and 1
(b) detained during the period that-- 2
(i) starts at the later of the following-- 3
(A) when the order is made; 4
(B) if another preventative detention order, or an 5
order for the detention of the person under a 6
corresponding law, is in force for the person 7
for the same terrorist act--when the other 8
order ceases to have effect; and 9
(ii) ends a stated period of time after the person is first 10
taken into custody under the order. 11
(4) The order must be in writing. 12
(5) The period of time stated in the order under subsection 13
(3)(b)(ii) must not be more than the prescribed 24 hour period. 14
(6) An initial order must state-- 15
(a) the name of the person for whom the order is made; and 16
(b) the period during which the person may be detained 17
under the order; and 18
(c) the date on which, and the time at which, the order is 19
made; and 20
(d) the date and time after which the person may not be 21
taken into custody under the order. 22
(7) If the person is-- 23
(a) a child; or 24
(b) of impaired capacity; 25
the order may provide that the period each day for which the 26
person is entitled to have contact with another person under 27
section 60(2) is the period of more than 2 hours that is stated 28
in the order. 29
(8) Also, if the person is a child or of impaired capacity, the 30
application may state that the person may not be contacted 31
under section 61 while being detained under the order. 32
s 18 16 s 19
Terrorism (Preventative Detention) Bill 2005
(9) The only basis for a decision under subsection (8) is that 1
preventing the contact is necessary because the contact would 2
seriously prejudice national security. 3
18 Duration of initial order 4
(1) An initial order for a person starts to have effect when it is 5
made. 6
7
Note--
8
The order comes into force when it is made and authorises the person to
9
be taken into custody (see section 17(3)(a)). The period for which the
10
person may then be detained under the order only starts to run when the
11
person is first taken into custody under the order (see section
12
17(3)(b)(i)).
(2) An initial order for the person ceases to have effect at the end 13
of the period of 72 hours after the order is made if the person 14
has not been taken into custody under the order within that 15
period. 16
(3) If the person is taken into custody under the order within 72 17
hours after the order is made, the order ceases to have effect 18
when whichever of the following first occurs-- 19
(a) the end of-- 20
(i) the period stated in the order as the period during 21
which the person may be detained under the order; 22
or 23
(ii) if that period is extended or further extended under 24
section 21--that period as extended or further 25
extended; 26
(b) the revocation of the order under division 5. 27
28
Note--
29
The order does not cease to have effect merely because the person is
30
released from detention under the order.
19 Application for extension of initial order 31
(1) If-- 32
(a) an initial order is made for a person; and 33
(b) the order is in force for the person; 34
s 20 17 s 20
Terrorism (Preventative Detention) Bill 2005
a police officer may apply to the issuing authority for an 1
extension, or a further extension, of the period for which the 2
order is to be in force for the person. 3
(2) The application must be in writing and state-- 4
(a) the facts and other grounds on which the police officer 5
considers that the extension, or further extension, is 6
reasonably necessary for the purpose for which the 7
order was made; and 8
9
Note--
10
See section 8(3) and (5) for the purpose for which a preventative
11
detention order may be made.
(b) the outcomes and particulars of all previous applications 12
for extensions, or further extensions, of the order. 13
(3) Also, if the person is a child or of impaired capacity, the 14
application must state-- 15
(a) whether the person may be contacted under section 61 16
while being further detained under the order; and 17
(b) if the person should not be contacted under section 61 18
while being further detained under the order because the 19
contact would seriously prejudice national security--the 20
grounds for preventing the contact. 21
(4) The application must also fully disclose all matters of which 22
the applicant is aware, both favourable and adverse to the 23
making of the order. 24
20 PIM must be notified 25
(1) The applicant must notify the PIM of the application under 26
arrangements decided by the PIM. 27
(2) If the PIM is not reasonably able to be contacted for the 28
application-- 29
(a) the application may proceed without the PIM being 30
notified; and 31
(b) the PIM must be notified as soon as possible and given 32
any information requested by the PIM that the PIM 33
would have been entitled to obtain for or during the 34
application. 35
s 21 18 s 22
Terrorism (Preventative Detention) Bill 2005
1
Example of when PIM is not reasonably able to be contacted--
2
The public interest monitor and any deputy public interest monitor are
3
telephoned but do not answer the phone or return calls when asked to
4
call back.
21 Issuing authority may extend initial order 5
(1) The issuing authority may extend, or further extend, the 6
period for which the order is to be in force for the person if the 7
issuing authority is satisfied that detaining the person under 8
the order for the period as extended, or further extended, is 9
reasonably necessary for the purpose for which the order was 10
made. 11
(2) The extension, or further extension, must be made in writing 12
as an order. 13
(3) The period as extended, or further extended, must end no later 14
than the prescribed 24 hour period after the person is first 15
taken into custody under the order. 16
(4) Also, if the person is a child or of impaired capacity, the 17
extension, or further extension, may state that the person may 18
not be contacted under section 61 while being further detained 19
under the order. 20
(5) The only basis for a decision under subsection (4) is that 21
preventing the contact is necessary because the contact would 22
seriously prejudice national security. 23
Division 3 Final orders 24
22 Application for final order 25
(1) A police officer may apply to the issuing authority for a 26
preventative detention order for a person in relation to a 27
terrorist act (a final order). 28
(2) The application must be in writing, be sworn and state-- 29
(a) the facts and other grounds on which the applicant 30
considers that the order should be made; and 31
(b) the period for which the person is to be detained or 32
continue to be detained under the order and the facts and 33
s 22 19 s 22
Terrorism (Preventative Detention) Bill 2005
other grounds on which the applicant considers that the 1
person should be detained or continue to be detained for 2
that period; and 3
(c) any information the applicant may have about the 4
person's age; and 5
(d) the outcomes and particulars of all previous applications 6
for preventative detention orders made for the person; 7
and 8
(e) any information that the applicant may have about any 9
periods for which the person has been detained under an 10
order made under a corresponding law; and 11
(f) any information that the applicant may have about any 12
Commonwealth control order made for the person; and 13
(g) for any children who may reside with or be associated 14
with the person-- 15
(i) the inquiries that have been made to find out 16
whether there are children who reside with or are 17
associated with the person; and 18
(ii) if children reside with or are associated with the 19
person--the information the applicant has about 20
the children and the provisions that are proposed 21
for the final order to protect the interests of the 22
children; and 23
(h) if the person is in detention under an existing 24
preventative detention order or an order for the person's 25
detention under a corresponding law--the extent to 26
which the person has been informed of the matters 27
covered by section 47(2)(c) to (h). 28
(3) Also, if the person is a child or of impaired capacity, the 29
application must state-- 30
(a) whether the person may be contacted under section 61 31
within 24 hours of being taken into custody under the 32
order; and 33
(b) if the person should not be contacted under section 61 34
within 24 hours of being taken into custody under the 35
order because the contact would seriously prejudice 36
national security-- 37
s 23 20 s 23
Terrorism (Preventative Detention) Bill 2005
(i) the grounds for preventing the contact; and 1
(ii) the period as soon as possible after the end of the 2
24 hour period when the person must be contacted 3
under section 61. 4
(4) If section 11(3) applies to the application, the application 5
must identify the information mentioned in the subsection on 6
which the application is based. 7
(5) The application must also fully disclose all matters of which 8
the applicant is aware, both favourable and adverse to the 9
making of the order. 10
11
Note--
12
See the Criminal Code, chapters 16 and 20, for relevant offences.
23 Notice to and representations by the person 13
(1) The applicant must give the person-- 14
(a) a written summary of the grounds of the application; 15
and 16
(b) notice of the place, date and time the application will be 17
heard. 18
19
Note--
20
Effectively the only application for a preventative detention order that
21
can be made without notice to the person to whom the application
22
relates is an application for an initial order or an extension of an initial
23
order. Detention under an initial order, including any extension, is
24
limited to a maximum of the prescribed 24 hour period.
(2) The person and the person's lawyer are entitled to be present 25
when the application is heard, either in person or, if the 26
issuing authority directs, by video link. 27
(3) The person and the person's lawyer are entitled to ask 28
questions of any person giving information to the issuing 29
authority and to make any representations to the issuing 30
authority. 31
(4) Subsection (1) or (3) does not require any information to be 32
disclosed-- 33
(a) if the disclosure of the information is likely to prejudice 34
national security; or 35
s 24 21 s 25
Terrorism (Preventative Detention) Bill 2005
(b) if the information would not have to be disclosed in a 1
proceeding because of the Police Powers and 2
Responsibilities Act 2000, section 454. 3
24 PIM must be notified 4
The applicant must notify the PIM of the application under 5
arrangements decided by the PIM. 6
25 Issuing authority may make final order 7
On application by a police officer, the issuing authority may
(1) 8
make a final order under this section for the person. 9
(2) The order may be made whether or not an application has 10
been made for an initial order for the terrorist act. 11
(3) Subsection (1) has effect subject to the following sections-- 12
· section 8 (Basis for applying for, and making, a 13
preventative detention order) 14
· section 9 (No preventative detention order for person 15
under 16 years of age) 16
· section 11 (Restrictions on subject matter of multiple 17
preventative detention orders) 18
· section 12 (Restrictions on period of detention under 19
multiple preventative detention orders). 20
21
Note--
22
If a previous preventative detention order has been made, section 8
23
requires the issuing authority to consider afresh the merits of making the
24
order and to be satisfied, after taking into account relevant information,
25
including any information that has become available since the other
26
order was made, of the matters mentioned in section 8(3) or (5) before
27
making the order.
(4) A final order is an order that the person may be taken into 28
custody and detained, or detained, during a period that-- 29
(a) starts at the later of the following-- 30
(i) when the order is made; 31
(ii) if another preventative detention order, or an order 32
for the detention of the person under a 33
s 25 22 s 25
Terrorism (Preventative Detention) Bill 2005
corresponding law, is in force for the person for the 1
same terrorist act--when the other order ceases to 2
have effect; and 3
(b) ends a stated period of time after the person is first taken 4
into custody. 5
(5) The order must be in writing. 6
(6) The period of time stated under subsection (4)(b) must not be 7
more than the prescribed 14 day period. 8
(7) A final order must state-- 9
(a) the name of the person; and 10
(b) the period during which the person may be detained 11
under the order; and 12
(c) the date on which, and the time at which, the order is 13
made. 14
(8) If the person-- 15
(a) is a child; or 16
(b) is of impaired capacity; 17
the order may provide that the period each day for which the 18
person is entitled to have contact with another person under 19
section 60(2) is the period of more than 2 hours that is stated 20
in the order. 21
(9) Also, if the person is a child or of impaired capacity, the final 22
order may state both of the following-- 23
(a) that the person may not be contacted under section 61 24
within 24 hours after being taken into custody under the 25
order; but 26
(b) that the person must be contacted under section 61 after 27
the end of the 24 hour period within a period stated in 28
the order. 29
(10) The only basis for making a decision under subsection (9) is 30
that preventing the contact is necessary because the contact 31
would seriously prejudice national security. 32
(11) The issuing authority may also include in the order provision 33
for the person to have contact with a child of the person in 34
addition to the provision for contact under section 56. 35
s 26 23 s 28
Terrorism (Preventative Detention) Bill 2005
26 Duration of final order 1
(1) A final order for the person starts to have effect when it is 2
made. 3
4
Note--
5
The order comes into force when it is made. The period for which the
6
person may be detained under the order, however, only starts to run
7
when the period during which the person may be detained under any
8
other preventative detention order, or order for the detention of the
9
person under a corresponding law, ceases to have effect (see section
10
25(4)(a)).
(2) A final order for the person ceases to have effect when 11
whichever of the following first occurs-- 12
(a) the end of-- 13
(i) the period stated in the order as the period during 14
which the person may be detained under the order; 15
or 16
(ii) if that period is extended or further extended under
section 31--that period as extended or further 17
extended; 18
(b) the revocation of the order under division 5. 19
20
Note--
21
The order does not cease to have effect merely because the person is
22
released from detention under the order. See section 45.
27 Application for extension of final order 23
If a final order is in force for the person, a police officer may 24
apply to an issuing authority for an extension, or a further 25
extension, of the period for which the final order is to be in 26
force for the person. 27
28 Further provisions about application for extension of 28
final order 29
(1) The application must be in writing, be sworn and state-- 30
(a) the facts and other grounds on which the police officer 31
considers that the extension, or further extension, is 32
s 29 24 s 29
Terrorism (Preventative Detention) Bill 2005
reasonably necessary for the purpose for which the 1
order was made; and 2
3
Note--
4
See section 8(3) and (5) for the purpose for which a preventative
5
detention order may be made.
(b) the outcomes and particulars of all previous applications 6
for extensions, or further extensions, of the final order. 7
(2) Also, if the person is a child or of impaired capacity, the 8
application must state-- 9
(a) whether the person may be contacted under section 61 10
within 24 hours after being further detained under the 11
order; and 12
(b) if the person should not be contacted under section 61 13
within 24 hours of being further detained under the 14
order because the contact would seriously prejudice 15
national security-- 16
(i) the grounds for preventing the contact; and 17
(ii) the period as soon as possible after the end of the 18
24 hour period when the person must be contacted 19
under section 61. 20
(3) The application must also fully disclose all matters of which 21
the applicant is aware, both favourable and adverse to the 22
making of the order. 23
29 Notice to and representations by the person 24
(1) The applicant must give the person-- 25
(a) a written summary of the grounds of the application; 26
and 27
(b) notice of the place, date and time the application will be 28
heard. 29
(2) The person and the person's lawyer are entitled to be present 30
when the application is heard either in person, or, if the 31
issuing authority directs, by video link. 32
(3) The person and the person's lawyer are entitled to ask 33
questions of any person giving information to the issuing 34
s 30 25 s 31
Terrorism (Preventative Detention) Bill 2005
authority and to make any representations to the issuing 1
authority. 2
(4) Subsection (1) or (3) does not require any information to be 3
disclosed-- 4
(a) if the disclosure of the information is likely to prejudice 5
national security; or 6
(b) if the information would not have to be disclosed in a 7
proceeding because of the Police Powers and 8
Responsibilities Act 2000, section 454. 9
30 PIM must be notified 10
The applicant must notify the PIM of the application under 11
arrangements decided by the PIM. 12
31 Issuing authority may extend final order 13
(1) The issuing authority may extend, or further extend, the 14
period for which the final order is to be in force for the person 15
if the issuing authority is satisfied that detaining the person 16
under the order for the period as extended, or further 17
extended, is reasonably necessary for the purpose for which 18
the order was made. 19
(2) The extension, or further extension, must be made in writing 20
as an order. 21
(3) The period as extended, or further extended, must end no later 22
than the prescribed 14 day period. 23
(4) Also, if the person is a child or of impaired capacity, the 24
extension, or the further extension, may state both of the 25
following-- 26
(a) that the person may not be contacted under section 61 27
within 24 hours after being further detained under the 28
order; but 29
(b) that the person must be contacted under section 61 after 30
the end of the 24 hour period within a period stated in 31
the order. 32
s 32 26 s 32
Terrorism (Preventative Detention) Bill 2005
(5) The only basis for making a decision under subsection (4) is 1
that preventing the contact is necessary because the contact 2
would seriously prejudice national security. 3
Division 4 Prohibited contact orders 4
32 Prohibited contact order for person for whom 5
preventative detention order is being sought 6
(1) A police officer who applies for a preventative detention order 7
for a person may also apply for a prohibited contact order 8
under this section in relation to the person's detention under 9
the preventative detention order. 10
(2) The application must be in writing and state-- 11
(a) the terms of the prohibited contact order sought; and 12
(b) the facts and other grounds on which the police officer 13
considers that the order should be made. 14
(3) The application must be sworn if the preventative detention 15
order is a final order. 16
(4) The application must also fully disclose all matters of which 17
the applicant is aware, both favourable and adverse to the 18
making of the order. 19
(5) If the issuing authority-- 20
(a) makes the preventative detention order; and 21
(b) is satisfied that making the prohibited contact order will 22
assist in achieving the purpose for which the 23
preventative detention order was made; 24
the issuing authority may make a prohibited contact order 25
under this section that the person is not, while being detained 26
under the preventative detention order, to contact a person 27
stated in the prohibited contact order. 28
29
Note for subsection (5)(b)--
30
See section 8(3) and (5) for the purpose for which a preventative
31
detention order may be made.
(6) The prohibited contact order must be in writing. 32
s 33 27 s 34
Terrorism (Preventative Detention) Bill 2005
33 Prohibited contact order for person for whom 1
preventative detention order is already in force 2
(1) If a preventative detention order is in force for a person, a 3
police officer may apply to the issuing authority for a 4
prohibited contact order under this section in relation to the 5
person's detention under the preventative detention order. 6
(2) The application must be in writing and state-- 7
(a) the terms of the order sought; and 8
(b) the facts and other grounds on which the police officer 9
considers that the order should be made. 10
(3) The application must be sworn if the preventative detention 11
order is a final order. 12
(4) The application must also fully disclose all matters of which 13
the applicant is aware, both favourable and adverse to the 14
making of the order. 15
(5) If the issuing authority is satisfied that making the prohibited 16
contact order will assist in achieving the purpose for which 17
the preventative detention order was made, the issuing 18
authority may make a prohibited contact order under this 19
section that the person is not, while being detained under the 20
preventative detention order, to contact another person stated 21
in the prohibited contact order. 22
23
Note--
24
See section 8(3) and (5) for the purpose for which a preventative
25
detention order may be made.
(6) The prohibited contact order must be in writing. 26
34 Notice to PIM 27
The following provisions apply to an application under this 28
division as if reference in the provision to an application were 29
to the application under this division-- 30
(a) if the preventative detention order is an initial 31
order--section 20; 32
(b) if the preventative detention order is a final 33
order--section 24. 34
s 35 28 s 35
Terrorism (Preventative Detention) Bill 2005
Division 5 Revocation of orders by issuing 1
authority 2
35 Revocation of preventative detention order or prohibited 3
contact order 4
(1) If-- 5
(a) a preventative detention order is in force for a person; 6
and 7
(b) the police officer who is detaining the person under the 8
order is satisfied that the grounds on which the order 9
was made no longer exist; 10
the police officer must apply to the issuing authority for the 11
revocation of the order. 12
(2) If-- 13
(a) a preventative detention order is in force for a person; 14
and 15
(b) on an application under subsection (1) by a police 16
officer, the issuing authority is satisfied that the grounds 17
on which the order was made no longer exist; 18
the issuing authority must revoke the order. 19
(3) If-- 20
(a) a prohibited contact order is in force in relation to a 21
person's detention under a preventative detention order; 22
and 23
(b) the police officer who is detaining the person under the 24
preventative detention order is satisfied that the grounds 25
on which the prohibited contact order was made no 26
longer exist; 27
the police officer must apply to the issuing authority for the 28
revocation of the prohibited contact order. 29
(4) If-- 30
(a) a prohibited contact order is in force in relation to a 31
person's detention under a preventative detention order; 32
and 33
s 36 29 s 38
Terrorism (Preventative Detention) Bill 2005
(b) on an application by a police officer under subsection 1
(3), the issuing authority is satisfied that the grounds on 2
which the prohibited contact order was made no longer 3
exist; 4
the issuing authority must revoke the prohibited contact order. 5
36 PIM must be notified 6
The applicant must notify the PIM of the application under 7
arrangements decided by the PIM. 8
Part 3 Carrying out preventative 9
detention orders 10
37 Power to detain person under preventative detention 11
order 12
(1) While a preventative detention order is in force for a person-- 13
(a) any police officer may take the person into custody; and 14
(b) any police officer may detain the person. 15
(2) A police officer has, for the purpose of taking a person into 16
custody under a preventative detention order or preventing the 17
person from escaping from that custody, the same functions 18
and powers as the police officer would have if the police 19
officer were taking the person into custody in connection with 20
the commission of an offence or preventing the person 21
escaping from that custody. 22
(3) Subsection (2) does not apply to the extent to which particular 23
functions or powers are provided for in this part. 24
38 Nominated police officer to oversee functions and 25
powers 26
(1) If a preventative detention order is made for a person, the 27
commissioner or the deputy commissioner of police must 28
nominate a senior police officer (the nominated police 29
s 38 30 s 38
Terrorism (Preventative Detention) Bill 2005
officer) to oversee the performance of functions and exercise 1
of powers in relation to the preventative detention order. 2
(2) The nominated police officer must be someone who was not 3
involved in the making of the application for the preventative 4
detention order. 5
(3) The nominated police officer must-- 6
(a) oversee the performance of functions and exercise of 7
powers in relation to the preventative detention order; 8
and 9
(b) without limiting paragraph (a), ensure that part 2, 10
division 5 is complied with in relation to the 11
preventative detention order; and 12
(c) receive and consider any representations that are made 13
under subsection (4). 14
15
Note--
16
Part 2, division 5 deals with the revocation of preventative detention
17
orders and prohibited contact orders.
(4) The following persons-- 18
(a) the person being detained under the preventative 19
detention order; 20
(b) a lawyer acting for that person in relation to the 21
preventative detention order; 22
(c) a person with whom that person has contact under 23
section 60(2) or section 61; 24
are entitled to make representations to the nominated police 25
officer about-- 26
(d) the performance of functions and the exercise of powers 27
in relation to the preventative detention order; and 28
(e) without limiting paragraph (d), compliance with part 2, 29
division 5 in relation to the preventative detention order; 30
and 31
(f) the person's treatment in connection with the person's 32
detention under the preventative detention order. 33
(5) The commissioner or the deputy commissioner of police may 34
exercise the power under subsection (1) to replace a 35
s 39 31 s 40
Terrorism (Preventative Detention) Bill 2005
nominated police officer with another nominated police 1
officer (the new nominated police officer). 2
(6) The new nominated police officer must inform the person for 3
whom the preventative detention order was made of his or her 4
nomination as soon as practicable. 5
39 Endorsement of order with date and time person taken 6
into custody 7
As soon as practicable after a person is first taken into custody 8
under a particular preventative detention order, the police 9
officer who is detaining the person under the order must 10
endorse on the order the date on which, and time at which, the 11
person is first taken into custody under the order. 12
40 Requirement to provide name etc. 13
(1) If a police officer believes on reasonable grounds that a person 14
whose name or address is, or whose name and address are, 15
unknown to the police officer may be able to assist the police 16
officer in executing a preventative detention order, the police 17
officer may request the person to provide the person's name, 18
address or date of birth to the police officer. 19
(2) If a police officer-- 20
(a) makes a request of a person under subsection (1); and 21
(b) informs the person of the reason for the request; and 22
(c) if the police officer is not in uniform--shows the person 23
evidence that the police officer is a police officer; and 24
(d) complies with subsection (4); 25
the person must not-- 26
(e) refuse or fail to comply with the request; or 27
(f) give a name, address or date of birth that is false in a 28
material particular. 29
Maximum penalty--20 penalty units. 30
(3) Subsection (2) does not apply if the person has a reasonable 31
excuse. 32
s 41 32 s 41
Terrorism (Preventative Detention) Bill 2005
(4) A police officer who makes a request of a person under 1
subsection (1) must provide the following to the person-- 2
(a) his or her name; 3
(b) his or her station; 4
(c) his or her identification number if he or she has an 5
identification number; 6
(d) his or her rank if he or she does not have an 7
identification number. 8
(5) The police officer must not-- 9
(a) contravene subsection (4); or 10
(b) in purported compliance with subsection (4), give a 11
name, station, number or rank that is false in a material 12
particular. 13
Maximum penalty--5 penalty units. 14
41 Power to enter premises 15
(1) Subject to subsection (2), if-- 16
(a) a preventative detention order is in force for a person; 17
and 18
(b) a police officer believes on reasonable grounds that the 19
person is on any premises; 20
the police officer may enter the premises, using the force that 21
may be necessary and reasonable in the circumstances and 22
with the assistance of other police officers that may be 23
necessary, at any time of the day or night to search the 24
premises for the person and to take the person into custody. 25
(2) A police officer must not enter a dwelling house under 26
subsection (1) at any time during the period commencing at 27
9p.m. on a day and ending at 6a.m. on the following day 28
unless the police officer believes on reasonable grounds 29
that-- 30
(a) it would not be practicable to take the person into 31
custody, either at the dwelling house or elsewhere, at 32
another time; or 33
s 42 33 s 44
Terrorism (Preventative Detention) Bill 2005
(b) it is necessary to do so in order to prevent the 1
concealment, loss or destruction of evidence of, or 2
relating to, a terrorist act. 3
(3) In this section-- 4
dwelling house includes a conveyance, and a room in a hotel, 5
motel, boarding house or club, in which people ordinarily 6
retire for the night. 7
42 Power to conduct a frisk search 8
A police officer who takes a person into custody under a 9
preventative detention order, or who is present when the 10
person is taken into custody, may, if the police officer suspects 11
on reasonable grounds that it is prudent to do so in order to 12
find out whether the person is carrying any seizable items-- 13
(a) conduct a frisk search of the person at, or soon after, the 14
time when the person is taken into custody; and 15
(b) seize any seizable items found as a result of the search. 16
43 Power to conduct an ordinary search 17
A police officer who takes a person into custody under a 18
preventative detention order, or who is present when the 19
person is taken into custody, may, if the police officer suspects 20
on reasonable grounds that the person is carrying-- 21
(a) evidence of, or relating to, a terrorist act; or 22
(b) a seizable item; 23
conduct an ordinary search of the person at, or soon after, the 24
time when the person is taken into custody, and seize anything 25
mentioned in paragraph (a) or (b) found as a result of the 26
search. 27
44 ASIO warrant 28
(1) This section applies if-- 29
(a) a person is being detained under a preventative detention 30
order; and 31
s 45 34 s 45
Terrorism (Preventative Detention) Bill 2005
(b) an ASIO warrant is in force in relation to the person; 1
and 2
(c) a copy of the warrant is given to the police officer who is 3
detaining the person under the preventative detention 4
order. 5
(2) The police officer must take the steps that may be necessary to 6
ensure that the person may be dealt with under the warrant. 7
(3) Without limiting subsection (2), the police officer may, under 8
section 45, release the person from detention under the 9
preventative detention order so that the person may be dealt 10
with under the warrant. 11
(4) To remove any doubt, it is declared that the fact that the 12
person is released from detention under the preventative 13
detention order so that the person may be-- 14
(a) questioned before a prescribed authority under the 15
warrant; or 16
(b) detained under the warrant in connection with that 17
questioning; 18
does not extend the period for which the preventative 19
detention order remains in force for the person. 20
21
Note--
22
See section 45(8)(a).
(5) In this section-- 23
prescribed authority see the Australian Security Intelligence 24
Organisation Act 1979 (Cwlth), part 3, division 3. 25
45 Release of person from preventative detention 26
(1) The police officer who is detaining a person under a 27
preventative detention order may release the person from 28
detention under the order. 29
30
Note--
31
A person may be released, for example, so that the person who is
32
charged with an offence may be arrested and otherwise dealt with on the
33
charge.
s 45 35 s 45
Terrorism (Preventative Detention) Bill 2005
(2) However, the police officer may not release the person 1
without the approval of a senior police officer if the person is 2
being released so that the person may be dealt with under an 3
ASIO warrant. 4
(3) The police officer who releases the person from detention 5
under the preventative detention order must give the person a 6
written statement that the person is being released from that 7
detention. 8
(4) The statement must be signed by the police officer. 9
(5) Subsection (3) does not apply if the police officer releases the 10
person from detention so that the person may be dealt with-- 11
(a) under an ASIO warrant; or 12
(b) under the provisions of the Crimes Act 1914 (Cwlth), 13
part 1AA, division 4 and part 1C; or 14
(c) on a charge of an offence. 15
(6) To remove any doubt, it is declared that a person may be taken 16
to have been released from detention under a preventative 17
detention order even if-- 18
(a) the person is informed that he or she is being released 19
from detention under the order; and 20
(b) the person is taken into custody on some other basis 21
immediately after the person is informed that he or she 22
is being released from detention under the order. 23
(7) To remove any doubt, it is declared that a person is taken not 24
to be detained under a preventative detention order during a 25
period during which the person is released from detention 26
under the order. 27
28
Note--
29
During this period, the provisions of this Act that apply to a person who
30
is being detained under a preventative detention order (for example,
31
section 55, which deals with the people the person may contact) do not
32
apply to the person.
(8) To remove any doubt, it is declared that-- 33
(a) the release of the person under subsection (1) from 34
detention under the preventative detention order does 35
s 46 36 s 46
Terrorism (Preventative Detention) Bill 2005
not extend the period for which the preventative 1
detention order remains in force for the person; and 2
3
Note--
4
This means that the time for which the person may be detained
5
under the order continues to run while the person is released.
(b) the person, after being released under subsection (1) 6
from detention under a preventative detention order, 7
may again be taken into custody and detained under the 8
order at any time while the order remains in force for the 9
person. 10
46 Arrangement for detainee to be held 11
(1) A senior police officer may arrange for a person who is being 12
detained under a preventative detention order to be detained 13
under the order at-- 14
(a) a watch-house; or 15
(b) a corrective services facility; or 16
(c) a detention centre. 17
(2) All persons, including a person who is under 17, may be 18
detained at either of the places mentioned in subsection (1)(a) 19
or (b). 20
(3) A person who is under 18, and only a person who is under 18, 21
may be detained at a detention centre. 22
(4) An arrangement under subsection (1) for a person to be held at 23
a watch-house must be only for a period that allows the person 24
to be delivered as soon as practicable to a corrective services 25
facility or a detention centre. 26
(5) If an arrangement is made under subsection (1) for a person-- 27
(a) the preventative detention order is taken to authorise the 28
person in charge of the watch-house, corrective services 29
facility or detention centre to detain the person at that 30
place while the order is in force for the person; and 31
(b) section 52 applies in relation to the person's detention 32
under the order at the watch-house, corrective services 33
facility or detention centre as if-- 34
s 46 37 s 46
Terrorism (Preventative Detention) Bill 2005
(i) the person in charge of that place; or 1
(ii) any other person involved in the person's detention 2
at that place; 3
were a person exercising authority under the order or 4
implementing or enforcing the order; and 5
(c) the senior police officer is taken, while the person is 6
detained at the watch-house, corrective services facility 7
or detention centre, to be the police officer detaining the 8
person for this Act. 9
(6) If the person is detained at a corrective services facility, for 10
the Corrective Services Act 2000-- 11
(a) the preventative detention order is a warrant for the 12
person's detention at the facility; and 13
(b) the person is in the custody of the chief executive within 14
the meaning of that Act. 15
(7) If the person is detained at a detention centre, for the Juvenile 16
Justice Act 1992-- 17
(a) the preventative detention order is a warrant for the 18
detention of the person at the detention centre; and 19
(b) the person is in the custody of the chief executive within 20
the meaning of that Act; and 21
(c) only parts 8 to 10 of that Act, other than sections 269, 22
272 and 280, apply in relation to the detention of the 23
person. 24
(8) To remove any doubt, it is declared that the detention of a 25
person at a watch-house, corrective services facility or 26
detention centre is subject to part 5, division 2. 27
(9) If a person is detained under a preventative detention order at 28
a watch-house, corrective services facility or detention centre, 29
the order does not prevent detention at that place from being 30
counted as part of a sentence of imprisonment that the person 31
is liable to serve. 32
(10) A person detained in a watch-house, corrective services 33
facility or detention centre under this section must be kept 34
segregated from all other persons being detained in that place. 35
s 47 38 s 47
Terrorism (Preventative Detention) Bill 2005
(11) For subsection (10), the chief executive within the meaning of 1
the Corrective Services Act 2000 may make a maximum 2
security order for the person under section 47(1) of that Act. 3
(12) For subsection (11), the Corrective Services Act 2000, section 4
47(2) does not apply. 5
(13) Also, the chief executive mentioned in subsection (11) may 6
make a special treatment order for the person under the 7
Corrective Services Act 2000, section 38(1). 8
(14) For subsection (13), the Corrective Services Act 2000, section 9
38(2) does not apply. 10
(15) The provisions of this section apply despite any provisions of 11
the Corrective Services Act 2000 or the Juvenile Justice Act 12
1992. 13
Part 4 Informing person detained 14
about preventative detention 15
order 16
47 Effect of initial order to be explained to person detained 17
(1) As soon as practicable after a person is first taken into custody 18
under an initial order, the police officer who is detaining the 19
person under the order must inform the person of the matters 20
covered by subsection (2). 21
22
Notes--
23
1 A contravention of this subsection may be an offence under section
24
54.
25
2 A contravention of this subsection does not affect the lawfulness of
26
the person's detention under the order (see section 50).
(2) The matters covered by this subsection are-- 27
(a) the fact that an initial order has been made for the 28
person; and 29
(b) the period during which the person may be detained 30
under the order; and 31
s 47 39 s 47
Terrorism (Preventative Detention) Bill 2005
(c) the permissions and restrictions that apply to the people 1
the person may contact while the person is being 2
detained under the order; and 3
(d) the fact that an application will be, or may be, made for 4
a final order detaining the person for a further period; 5
and 6
(e) any right the person has to complain to the ombudsman 7
or the crime and misconduct commission about-- 8
(i) the application for, or the making of, the order; or 9
(ii) the treatment of the person by a police officer in 10
connection with the person's detention under the 11
order; and 12
(f) the fact that the person may seek from a court a remedy 13
relating to-- 14
(i) the order; or 15
(ii) the treatment of the person in connection with the 16
person's detention under the order; and 17
(g) the person's entitlement under section 58 to contact a 18
lawyer; and 19
(h) the name and work telephone number of the nominated 20
police officer and the functions of the officer. 21
(3) Subsection (2)(c) does not require the police officer to inform 22
the person being detained of-- 23
(a) the fact that a prohibited contact order has been made in 24
relation to the person's detention; or 25
(b) the name of a person stated in a prohibited contact order 26
that has been made in relation to the person's detention. 27
(4) For subsection (2)(f), the police officer must assist the person 28
to make an application under part 6 if the person requests 29
assistance. 30
31
Example of assistance for subsection (4)--
32
providing the person with a list of security-cleared lawyers who may be
33
available to represent the person and contacting the lawyer chosen by
34
the person for the purposes of section 58
s 48 40 s 48
Terrorism (Preventative Detention) Bill 2005
48 Effect of final order to be explained to person detained 1
(1) As soon as practicable after a final order is made for a person, 2
the police officer who is detaining the person under the order 3
must inform the person of the matters covered by subsection 4
(2). 5
6
Notes--
7
1 A contravention of this subsection may be an offence under section
8
54.
9
2 A contravention of this subsection does not affect the lawfulness of
10
the person's detention under the order (see section 50).
(2) The matters covered by this subsection are-- 11
(a) the fact that a final order has been made in relation to the 12
person; and 13
(b) the period during which the person may be detained 14
under the order; and 15
(c) the permissions and restrictions that apply to the people 16
the person may contact while the person is being 17
detained under the order; and 18
(d) any right the person has to complain to the ombudsman 19
or the crime and misconduct commission about-- 20
(i) the application for, or the making of, the order; or 21
(ii) the treatment of the person by a police officer in 22
connection with the person's detention under the 23
order; and 24
(e) the right of the person to apply to the Supreme Court to 25
revoke or vary the order, whether before or after the 26
person is released from detention; and 27
(f) the fact that the person may seek from the Supreme 28
Court a remedy relating to-- 29
(i) the final order; or 30
(ii) the treatment of the person in connection with the 31
person's detention under the final order; and 32
33
Note--
34
See part 6.
s 49 41 s 49
Terrorism (Preventative Detention) Bill 2005
(g) the person's entitlement under section 58 to contact a 1
lawyer; and 2
(h) the name and work telephone number of the nominated 3
police officer and the functions of the officer; and 4
(i) the right of the person and other persons mentioned in 5
section 38(4) to make representations to the nominated 6
police officer and the matters mentioned in the 7
subsection about which the representations may be 8
made. 9
(3) Subsection (2)(c) does not require the police officer to inform 10
the person being detained of-- 11
(a) the fact that a prohibited contact order has been made in 12
relation to the person's detention; or 13
(b) the name of a person stated in a prohibited contact order 14
that has been made in relation to the person's detention. 15
(4) For subsection (2)(e) and (f), the police officer must assist the 16
person to make an application under part 6 if the person 17
requests assistance. 18
19
Example of assistance for subsection (4)--
20
providing the person with a list of security-cleared lawyers who may be
21
available to represent the person and contacting the lawyer chosen by
22
the person for the purposes of section 58
49 Person being detained to be informed of extension of 23
preventative detention order 24
If a preventative detention order is extended, or further 25
extended, under section 21 or 31, the police officer detaining 26
the person under the order must inform the person of the 27
extension, or further extension, as soon as practicable after the 28
extension, or further extension, is made. 29
30
Notes--
31
1 A contravention of this section may be an offence under section 54.
32
2 A contravention of this section does not affect the lawfulness of the
33
person's detention under the order (see section 50).
s 50 42 s 51
Terrorism (Preventative Detention) Bill 2005
50 Compliance with obligations to inform 1
(1) Section 47(1), 48(1) or 49 does not apply if the actions of the 2
person being detained under the preventative detention order 3
make it impracticable for the police officer to comply with 4
that subsection. 5
(2) The police officer detaining the person under the preventative 6
detention order complies with section 47(1) or 48(1) if the 7
police officer informs the person in substance of the matters 8
covered by section 47(2) or 48(2) even if this is not done in 9
language of a precise or technical nature. 10
(3) The police officer who is detaining the person under the 11
preventative detention order must arrange for the assistance of 12
an interpreter in complying with section 47(1), 48(1) or 49 if 13
the police officer has reasonable grounds to believe that the 14
person is unable, because of inadequate knowledge of the 15
English language or a physical disability, to communicate 16
with reasonable fluency in that language. 17
(4) Without limiting subsection (3), the assistance of the 18
interpreter may be provided by telephone. 19
(5) The lawfulness of a person's detention under a preventative 20
detention order is not affected by a failure to comply with 21
section 47(1), 48(1), 49 or subsection (3) of this section. 22
51 Copy of preventative detention order and summary of 23
grounds 24
(1) As soon as practicable after a person is first taken into custody 25
under a preventative detention order, the police officer who is 26
detaining the person under the order must give the person-- 27
(a) a copy of the order; and 28
(b) a summary of the grounds on which the order is made. 29
(2) Subsection (1)(b) does not require information to be included 30
in the summary if the disclosure of the information is likely to 31
prejudice national security. 32
(3) Despite section 37(2), a police officer does not need to have a 33
copy of the order with him or her, or to produce a copy of the 34
order to the person being taken into custody, when the police 35
officer takes the person into custody. 36
s 51 43 s 51
Terrorism (Preventative Detention) Bill 2005
(4) If-- 1
(a) person is being detained under an initial order; and 2
(b) a final order is made for the person; 3
the police officer who is detaining the person under the initial 4
order, must, as soon as practicable, give the person-- 5
(c) a copy of the final order; and 6
(d) a summary of the grounds on which the order is made. 7
(5) A person who is being detained under a preventative detention 8
order may request a police officer who is detaining the person 9
to arrange for a copy of-- 10
(a) the order; or 11
(b) the summary given to the person under subsection (1)(b) 12
or (4)(d); or 13
to be given to a lawyer acting for the person in relation to the 14
order. 15
16
Notes--
17
1 Section 58 deals with the person's right to contact a lawyer and the
18
obligation of the police officer detaining the person to give the
19
person assistance to choose a lawyer.
20
2 Section 63 prevents the person from contacting a lawyer who is
21
stated in a prohibited contact order.
(6) The police officer must make arrangements for a copy of the 22
order or the summary to be given to the lawyer as soon as 23
practicable after the request is made. 24
(7) Without limiting subsection (6), the copy of the order or the 25
summary may be faxed or emailed to the lawyer. 26
(8) To remove any doubt, it is declared that subsection (6) does 27
not entitle the lawyer to be given a copy of, or see, a document 28
other than the order or the summary. 29
(9) Nothing in this section requires a copy of a prohibited contact 30
order to be given to a person. 31
(10) The police officer who gives-- 32
(a) the person being detained under a preventative detention 33
order; or 34
s 52 44 s 53
Terrorism (Preventative Detention) Bill 2005
(b) a lawyer acting for the person; 1
a copy of the preventative detention order under this section 2
must endorse on the copy the date on which, and time at 3
which, the person was first taken into custody under the order. 4
(11) The lawfulness of a person's detention under a preventative 5
detention order is not affected by a failure to comply with 6
subsection (1), (4), (5), (6) or (10). 7
Part 5 Treatment of person detained 8
Division 1 General 9
52 Humane treatment of person being detained 10
A person being taken into custody, or being detained, under a 11
preventative detention order-- 12
(a) must be treated with humanity and with respect for 13
human dignity; and 14
(b) must not be subjected to cruel, inhuman or degrading 15
treatment; 16
by anyone exercising authority under the order or 17
implementing or enforcing the order. 18
19
Note--
20
A contravention of this section may be an offence under section 54.
53 Questioning of person prohibited while person is 21
detained 22
(1) A police officer must not question a person while the person is 23
being detained under a preventative detention order other than 24
for the purposes of-- 25
(a) finding out whether the person is the person stated in the 26
order; or 27
s 54 45 s 54
Terrorism (Preventative Detention) Bill 2005
(b) ensuring the safety and wellbeing of the person being 1
detained; or 2
(c) allowing the police officer to comply with a requirement 3
in relation to the person's detention under the order. 4
(2) A police officer must not question a person while the person is 5
being detained under an order made under a corresponding 6
law. 7
8
Notes--
9
1 This section will not apply to the person if the person is released
10
from detention under the order, even though the order may still be
11
in force in relation to the person.
12
2 A contravention of this section may be an offence under section 54.
54 Offences of contravening safeguards 13
A person commits an offence if the person contravenes-- 14
(a) section 47(1) (Effect of initial order to be explained to 15
person detained); or 16
(b) section 48(1) (Effect of final order to be explained to 17
person detained); or 18
(c) section 49 (Person being detained to be informed of 19
extension of preventative detention order); or 20
(d) section 52 (Humane treatment of person being 21
detained); or 22
(e) section 53(1) or (2) (Questioning of person prohibited 23
while person is detained); or 24
(f) section 69(1), (4) or (6) (Taking identifying particulars); 25
or 26
(g) section 70(2) (Use of identifying particulars). 27
Maximum penalty--Imprisonment for 2 years. 28
s 55 46 s 56
Terrorism (Preventative Detention) Bill 2005
Division 2 Contact provisions 1
55 Restriction on contact with other people 2
Other than as provided by this division, while a person is 3
being detained under a preventative detention order, the 4
person-- 5
(a) is not entitled to contact another person; and 6
(b) may be prevented from contacting another person. 7
8
Notes--
9
1 This section will not apply to the person if the person is released
10
from detention under the order, even though the order may still be
11
in force in relation to the person.
12
2 A person's entitlement to contact other people under sections 56, 58
13
and 60 may be subject to a prohibited contact order made under
14
section 32 or 33 (see section 63).
56 Contacting family members etc. 15
(1) The person being detained is entitled to contact by telephone 16
or fax-- 17
(a) a parent or guardian of the person or 1 of his or her other 18
family members; and 19
(b) if he or she-- 20
(i) lives with another person and that other person is 21
not a family member of the person being detained; 22
or 23
(ii) lives with other people and those other people are 24
not family members of the person being detained; 25
that other person or one of those other people; and 26
(c) if he or she is employed--his or her employer; and 27
(d) if he or she employs people in a business--one of the 28
people he or she employs in that business; and 29
(e) if he or she engages in a business together with another 30
person or other people--that other person or one of 31
those other people; and 32
s 57 47 s 57
Terrorism (Preventative Detention) Bill 2005
(f) if the police officer detaining the person being detained 1
agrees to the person contacting another person--that 2
person; 3
but solely for the purposes of letting the person contacted 4
know that the person being detained is safe but is not able to 5
be contacted for the time being while the person is being 6
detained under a preventative detention order detention for up 7
to 14 days. 8
(2) To remove any doubt, it is declared that, if the person being 9
detained (the detainee) has 2 parents or 2 or more guardians, 10
the detainee is entitled, subject to section 63, to contact under 11
subsection (1) each of those parents or guardians. 12
(3) In this section-- 13
family member of a person means-- 14
(a) the person's spouse or same-sex partner; or 15
(b) a parent, step-parent or grandparent of the person; or 16
(c) a child, step-child or grandchild of the person; or 17
(d) a brother, sister, step-brother or step-sister of the person; 18
or 19
(e) a guardian or carer of the person. 20
57 Contacting ombudsman and crime and misconduct 21
commission 22
(1) The person being detained is entitled to contact the 23
ombudsman and the crime and misconduct commission. 24
(2) The contact authorised under subsection (1) includes all 25
contact necessary for the ombudsman or the crime and 26
misconduct commission to perform their functions under an 27
Act. 28
(3) The provisions of the Ombudsman Act 2001 relating to the 29
functions and powers of the ombudsman extend to the 30
ombudsman's functions and powers under this Act, despite 31
any reference in that Act to a function or power that is 32
expressed as a function or power under that Act. 33
s 58 48 s 58
Terrorism (Preventative Detention) Bill 2005
58 Contacting lawyer 1
(1) The person being detained is entitled to contact a lawyer but 2
solely for the purpose of-- 3
(a) obtaining advice from the lawyer about the person's 4
legal rights in relation to-- 5
(i) the preventative detention order; or 6
(ii) the treatment of the person in connection with the 7
person's detention under the order; or 8
(b) arranging for the lawyer to act for the person in relation 9
to, and instructing the lawyer in relation to, applications 10
to the issuing authority about-- 11
(i) the making of a preventative detention order 12
against the person; or 13
(ii) the revocation of a preventative detention order 14
made against the person; or 15
(c) arranging for the lawyer to act for the person in relation 16
to, and instructing the lawyer in relation to, any other 17
proceedings in a court for a remedy in relation to-- 18
(i) the preventative detention order; or 19
(ii) the treatment of the person in connection with the 20
person's detention under the order; or 21
(d) arranging for the lawyer to act for the person in relation 22
to, and instructing the lawyer in relation to, a complaint 23
to the ombudsman or the crime and misconduct 24
commission about-- 25
(i) the application for, or the making of, the 26
preventative detention order; or 27
(ii) the treatment of the person by a police officer in 28
connection with the person's detention under the 29
order; or 30
(e) arranging for the lawyer to act for the person in relation 31
to an appearance, or hearing, before a court that is to 32
take place while the person is being detained under the 33
order. 34
s 59 49 s 59
Terrorism (Preventative Detention) Bill 2005
(2) The form of contact that the person being detained is entitled 1
to have with a lawyer under subsection (1) includes-- 2
(a) being visited by the lawyer; and 3
(b) communicating with the lawyer by telephone or fax. 4
(3) If-- 5
(a) the person being detained asks to be allowed to contact a 6
particular lawyer under subsection (1); and 7
(b) either-- 8
(i) the person is not entitled to contact that lawyer 9
because of section 63; or 10
(ii) the person is not able to contact that lawyer; 11
the police officer who is detaining the person must give the 12
person reasonable assistance to choose another lawyer for the 13
person to contact under subsection (1). 14
(4) In recommending lawyers to the person being detained as part 15
of giving the person assistance under subsection (3), the 16
police officer who is detaining the person may give priority to 17
security-cleared lawyers. 18
(5) Despite subsection (4) but subject to section 63, the person 19
being detained is entitled under this section to contact a 20
lawyer who is not a security-cleared lawyer. 21
59 Monitoring contact under section 56, 58 or 61 22
(1) The contact the person being detained has with another person 23
under section 56, 58 or 61 may take place only if it is 24
conducted in a way that ensures that the contact, and the 25
content and meaning of the communication that takes place 26
during the contact, can be effectively monitored by a police 27
officer exercising authority under the preventative detention 28
order. 29
(2) The contact may take place in a language other than English 30
only if the content and meaning of the communication that 31
takes place during the contact can be effectively monitored 32
with the assistance of an interpreter. 33
s 60 50 s 60
Terrorism (Preventative Detention) Bill 2005
(3) Without limiting subsection (2), the interpreter mentioned in 1
that subsection may be a police officer. 2
(4) If the person being detained indicates that he or she wishes the 3
contact to take place in a language other than English, the 4
police officer who is detaining the person must-- 5
(a) arrange for the services of an appropriate interpreter to 6
be provided if it is reasonably practicable to do so 7
during the period during which the person is being 8
detained; and 9
(b) if it is reasonably practicable to do so--arrange for 10
those services to be provided as soon as practicable. 11
(5) A communication between-- 12
(a) a person who is being detained under a preventative 13
detention order; and 14
(b) a lawyer; 15
for a purpose mentioned in section 58(1) is not admissible in 16
evidence against the person in any proceedings in a court. 17
60 Special contact rules for child or person of impaired 18
capacity 19
(1) This section applies if the person being detained under a 20
preventative detention order-- 21
(a) is a child; or 22
(b) is of impaired capacity. 23
(2) The person is entitled, while being detained under the order, 24
to have contact with-- 25
(a) a parent or guardian of the person; or 26
(b) another person who-- 27
(i) is able to represent the person's interests; and 28
(ii) is, as far as practicable in the circumstances, 29
acceptable to the person and to the police officer 30
who is detaining the person; and 31
(iii) is not a member of the police service; and 32
(iv) is not an AFP member or AFP employee; and 33
s 60 51 s 60
Terrorism (Preventative Detention) Bill 2005
(v) is not a member, however described, of a police 1
force of another State; and 2
(vi) is not an officer or employee of ASIO. 3
(3) To remove any doubt, it is declared that-- 4
(a) if the person being detained (the detainee) has 2 parents 5
or 2 or more guardians, the detainee is entitled, subject 6
to section 63, to have contact under subsection (2) with 7
each of those parents or guardians; and 8
(b) the detainee is entitled to disclose the following to a 9
person with whom the detainee has contact under 10
subsection (2)-- 11
(i) the fact that a preventative detention order has been 12
made in relation to the detainee; 13
(ii) the fact that the detainee is being detained; 14
(iii) the period for which the detainee is being detained. 15
(4) The form of contact that the person being detained is entitled 16
to have with another person under subsection (2) includes-- 17
(a) being visited by that other person; and 18
(b) communicating with that other person by telephone or 19
fax. 20
(5) The period for which the person being detained is entitled to 21
have contact with another person each day under subsection 22
(2) is-- 23
(a) 2 hours; or 24
(b) a longer period stated in the preventative detention 25
order. 26
27
Note--
28
See sections 17(7) and 25(8).
(6) To remove any doubt, it is declared that the first contact a 29
person is entitled to have with another person under 30
subsection (5) is one that takes place within 24 hours after the 31
person is detained. 32
(7) Despite subsection (5), the police officer who is detaining the 33
person may permit the person to have contact with a person 34
s 61 52 s 61
Terrorism (Preventative Detention) Bill 2005
under subsection (2) for a period that is longer than the period 1
provided for in subsection (5). 2
(8) The contact that the person being detained has with another 3
person under subsection (2) must be conducted in a way that 4
ensures that the content and meaning of any communication 5
that takes place during the contact can be effectively 6
monitored by a police officer exercising authority under the 7
preventative detention order. 8
(9) If the communication that takes place during the contact takes 9
place in a language other than English, the contact may 10
continue only if the content and meaning of the 11
communication in that language can be effectively monitored 12
with the assistance of an interpreter. 13
(10) Without limiting subsection (9), the interpreter mentioned in 14
that subsection may be a police officer. 15
(11) If the person being detained indicates that he or she wishes the 16
communication that takes place during the contact to take 17
place in a language other than English, the police officer who 18
is detaining the person must-- 19
(a) arrange for the services of an appropriate interpreter to 20
be provided if it is reasonably practicable to do so 21
during the period during which the person is being 22
detained; and 23
(b) if it is reasonably practicable to do so--arrange for 24
those services to be provided as soon as practicable. 25
61 Child or person of impaired capacity to be contacted by 26
relevant chief executive 27
(1) This section also applies if the person being detained under a 28
preventative detention order-- 29
(a) is a child; or 30
(b) is of impaired capacity. 31
(2) As soon as possible after the person is detained under the 32
order, the police officer detaining the person must notify the 33
relevant chief executive. 34
s 61 53 s 61
Terrorism (Preventative Detention) Bill 2005
(3) The relevant chief executive may have the contact with the 1
person-- 2
(a) that is necessary to ensure the person understands the 3
effect of the order; and 4
(b) that is necessary to find out anything about the welfare 5
of the person. 6
(4) The first contact under subsection (3) must be within 24 hours 7
after each of the following-- 8
(a) the person being taken into custody under an initial 9
order; 10
(b) the person being further detained under the extension or 11
further extension of an initial order; 12
(c) the person being taken into custody or further detained 13
under a final order; 14
(d) the person being further detained under an extension or 15
further extension of a final order. 16
(5) Despite subsection (4), the first contact mentioned in the 17
subsection-- 18
(a) if the preventative detention order is an initial 19
order--must not take place if the issuing authority 20
makes an order to that effect under section 17(8) or 21
section 21(4); or 22
(b) if the preventative detention order is a final order--must 23
take place within a period after the 24 hour period 24
mentioned in the subsection, if the issuing authority 25
makes an order to that effect under section 25(9) or 26
section 31(4). 27
(6) A single contact may satisfy more than 1 requirement for 28
contact under subsection (4). 29
(7) The relevant chief executive must give reasonable notice 30
before making contact with a person for this section under 31
arrangements decided between the chief executive and the 32
police officer detaining the person. 33
s 62 54 s 64
Terrorism (Preventative Detention) Bill 2005
62 The relevant chief executive and the chief executive's 1
delegate 2
(1) For section 61, the relevant chief executive is-- 3
(a) if the person being detained under a preventative 4
detention order is a child--the chief executive within the 5
meaning of the Juvenile Justice Act 1992; or 6
(b) if the person being detained under a preventative 7
detention order is a person of impaired capacity--the 8
chief executive within the meaning of the Disability 9
Services Act 1992. 10
(2) The relevant chief executive's power to delegate a function 11
under the Disability Services Act 1992, section 35, and the 12
Juvenile Justice Act 1992, section 312, includes the power to 13
delegate the functions of the chief executive under section 61. 14
(3) However, the relevant chief executive may only delegate 15
functions under section 61 to a person with the approval of-- 16
(a) the police commissioner; and 17
(b) the chief executive of the department responsible for 18
administering the Act under which is established or 19
controlled the place where the person detained under the 20
order is detained. 21
(4) In this section-- 22
function includes power. 23
63 Entitlement to contact subject to prohibited contact order 24
Sections 56, 58 and 60 have effect subject to any prohibited 25
contact order made in relation to the person's detention. 26
Division 3 Disclosure offences 27
64 Lawyer 28
A person (the lawyer) commits an offence if-- 29
s 64 55 s 64
Terrorism (Preventative Detention) Bill 2005
(a) a person being detained under a preventative detention 1
order (the detainee) contacts the lawyer under section 2
58; and 3
(b) the lawyer discloses to another person-- 4
(i) the fact that a preventative detention order has been 5
made in relation to the detainee; or 6
(ii) the fact that the detainee is being detained; or 7
(iii) the period for which the detainee is being detained; 8
or 9
(iv) any information that the detainee gives the lawyer 10
in the course of the contact; and 11
(c) the disclosure occurs while the detainee is being 12
detained under the order; and 13
(d) the disclosure is not made for the purpose of-- 14
(i) an application for-- 15
(A) the making of a preventative detention order 16
for the detainee; or 17
(B) the revocation or variation of a preventative 18
detention order made for the detainee; or 19
(ii) any proceedings in a court for a remedy relating to 20
the preventative detention order or the treatment of 21
the detainee in connection with the detainee's 22
detention under the order; or 23
(iii) a complaint to the ombudsman or crime and 24
misconduct commission in relation to the 25
application for, or making of, the preventative 26
detention order or the treatment of the detainee by 27
a police officer in connection with the detainee's 28
detention under the order; or 29
(iv) making representations to the nominated police 30
officer, or another police officer involved in the 31
detainee's detention, about the performance of 32
functions and the exercise of powers in relation to 33
the order or the treatment of the detainee in 34
connection with the detainee's detention under the 35
order; and 36
s 65 56 s 65
Terrorism (Preventative Detention) Bill 2005
(e) the lawyer knows or should have known the disclosure 1
is unlawful. 2
Maximum penalty--Imprisonment for 2 years. 3
65 Parent/guardian 4
(1) A person (the parent/guardian) commits an offence if-- 5
(a) a person being detained under a preventative detention 6
order (the detainee) has contact with the 7
parent/guardian under section 60; and 8
(b) the parent/guardian discloses to another person-- 9
(i) the fact that a preventative detention order has been 10
made in relation to the detainee; or 11
(ii) the fact that the detainee is being detained; or 12
(iii) the period for which the detainee is being detained; 13
or 14
(iv) any information that the detainee gives the 15
parent/guardian in the course of the contact; and 16
(c) the other person is not a person with whom the detainee 17
has also had contact under section 60 while being 18
detained under the order; and 19
(d) the disclosure occurs while the detainee is being 20
detained under the order; and 21
(e) the disclosure is not made for the purpose of-- 22
(i) a complaint to the ombudsman or the crime and 23
misconduct commission in relation to the 24
application for, or the making of, the preventative 25
detention order or the treatment of the detainee by 26
a police officer in connection with the detainee's 27
detention under the order; or 28
(ii) making representations to the nominated police 29
officer, or another police officer involved in the 30
detainee's detention, about the performance of 31
functions and the exercise of powers in relation to 32
the order or the treatment of the detainee in 33
s 66 57 s 67
Terrorism (Preventative Detention) Bill 2005
connection with the detainee's detention under the 1
order; and 2
(f) the parent/guardian knows or should have known the 3
disclosure is unlawful. 4
Maximum penalty--Imprisonment for 2 years. 5
(2) To remove any doubt, it is declared that a person does not 6
contravene subsection (1) merely by letting another person 7
know that the detainee is safe but is not able to be contacted 8
for the time being. 9
66 Interpreter 10
A person (the interpreter) commits an offence if-- 11
(a) the interpreter is an interpreter who assists in monitoring 12
the contact that a person being detained under a 13
preventative detention order (the detainee) has with 14
someone while the detainee is being detained under the 15
order; and 16
(b) the interpreter discloses to another person-- 17
(i) the fact that a preventative detention order has been 18
made in relation to the detainee; or 19
(ii) the fact that the detainee is being detained; or 20
(iii) the period for which the detainee is being detained; 21
or 22
(iv) any information that the interpreter obtains in the 23
course of assisting in the monitoring of that 24
contact; and 25
(c) the disclosure occurs while the detainee is being 26
detained under the order; and 27
(d) the interpreter knows or should have known the 28
disclosure is unlawful. 29
Maximum penalty--Imprisonment for 2 years. 30
67 Disclosure recipient 31
A person (the disclosure recipient) commits an offence if-- 32
s 68 58 s 68
Terrorism (Preventative Detention) Bill 2005
(a) a person (the earlier discloser) discloses to the 1
disclosure recipient-- 2
(i) the fact that a preventative detention order has been 3
made in relation to a person; or 4
(ii) the fact that a person is being detained under a 5
preventative detention order; or 6
(iii) the period for which a person is being detained 7
under a preventative detention order; or 8
(iv) any information that a person who is being 9
detained under a preventative detention order 10
communicates to a person while the person is 11
being detained under the order; and 12
(b) the disclosure by the earlier discloser to the disclosure 13
recipient contravenes-- 14
(i) section 63, 64, 65 or 66; or 15
(ii) this section; and 16
(c) the disclosure recipient discloses that information to 17
another person; and 18
(d) the disclosure by the disclosure recipient occurs while 19
the person mentioned in paragraph (a)(i), (ii), (iii) or (iv) 20
is being detained under the order; and 21
(e) the disclosure recipient knows or should have known the 22
disclosure is unlawful. 23
Maximum penalty--Imprisonment for 2 years. 24
68 Persons who monitor 25
A person commits an offence if-- 26
(a) the person is-- 27
(i) a police officer who monitors; or 28
(ii) an interpreter who assists in monitoring; 29
contact that a person being detained under a preventative 30
detention order (the detainee) has with a lawyer under 31
section 58 while the detainee is being detained under the 32
order; and 33
s 69 59 s 69
Terrorism (Preventative Detention) Bill 2005
(b) information is communicated in the course of that 1
contact; and 2
(c) the information is communicated for one of the 3
purposes mentioned in section 58(1); and 4
(d) the person discloses that information to another person; 5
and 6
(e) the person knows or should have known the disclosure is 7
unlawful. 8
Maximum penalty--Imprisonment for 2 years. 9
10
Note--
11
See also section 59(5).
Division 4 Identifying particulars 12
69 Taking identifying particulars 13
(1) A police officer must not take identifying particulars from a 14
person who is being detained under a preventative detention 15
order other than under this section. 16
17
Note--
18
A contravention of this subsection may be an offence under section 54.
(2) A police officer who is of the rank of sergeant or higher may 19
take identifying particulars from the person, or cause 20
identifying particulars to be taken from the person, if-- 21
(a) the person consents in writing; or 22
(b) the police officer believes on reasonable grounds that it 23
is necessary to do so for the purpose of confirming the 24
person's identity as the person stated in the order. 25
(3) A police officer may use the force that is necessary and 26
reasonable in the circumstances to take identifying particulars 27
from a person under this section. 28
(4) Subject to this section, a police officer must not take 29
identifying particulars, other than palm prints, fingerprints, or 30
footprints, from the person if the person-- 31
(a) is a child; or 32
s 69 60 s 69
Terrorism (Preventative Detention) Bill 2005
(b) is of impaired capacity; 1
unless a magistrate orders that the particulars be taken. 2
3
Note--
4
A contravention of this subsection may be an offence under section 54.
(5) In deciding whether to make an order, the magistrate must 5
have regard to-- 6
(a) the age, or any impaired capacity, of the person; and 7
(b) any other matters the magistrate considers appropriate. 8
(6) The taking of identifying particulars from a person who-- 9
(a) is a child; or 10
(b) is of impaired capacity; 11
must be done in the presence of-- 12
(c) a parent or guardian of the person; or 13
(d) if a parent or guardian of the person is not acceptable to 14
the person--another appropriate person. 15
16
Notes--
17
1 For appropriate person, see subsection (12).
18
2 A contravention of this subsection may be an offence under 54.
(7) Despite this section, identifying particulars may be taken from 19
a person who is a child and is capable of managing his or her 20
affairs if-- 21
(a) subsections (9) and (10) are satisfied; or 22
(b) subsection (9) or (10) is satisfied, but not both, and a 23
magistrate orders that the particulars be taken. 24
(8) In deciding whether to make an order, the magistrate must 25
have regard to the matters stated in subsection (5). 26
(9) This subsection applies if the person agrees in writing to the 27
taking of the particulars. 28
(10) This subsection applies if either-- 29
(a) a parent or guardian of the person; or 30
(b) if a parent or guardian is not acceptable to the 31
person--another appropriate person; 32
s 70 61 s 70
Terrorism (Preventative Detention) Bill 2005
agrees in writing to the taking of the particulars. 1
(11) Despite this section, identifying particulars may be taken from 2
a person who-- 3
(a) is an adult; and 4
(b) is capable of managing his or her affairs; 5
if the person consents in writing. 6
(12) A reference in this section to an appropriate person in 7
relation to a person (the subject) who is a child, or of impaired 8
capacity, is a reference to a person who-- 9
(a) is capable of representing the subject's interests; and 10
(b) as far as is practicable in the circumstances, is 11
acceptable to the subject and the police officer who is 12
detaining the subject; and 13
(c) is none of the following-- 14
(i) a member of the police service; 15
(ii) an AFP member or AFP employee; 16
(iii) a member, however described, of a police force of 17
another State; 18
(iv) an officer or employee of ASIO. 19
70 Use of identifying particulars 20
(1) This section applies if identifying particulars are taken under 21
section 69 from a person being detained under a preventative 22
detention order. 23
(2) The particulars may be used only to find out whether the 24
person is the person stated in the order. 25
26
Note--
27
A contravention of this subsection may be an offence under section 54.
(3) If-- 28
(a) a period of 12 months elapses after the identifying 29
particulars are taken; and 30
(b) proceedings for-- 31
s 71 62 s 72
Terrorism (Preventative Detention) Bill 2005
(i) the preventative detention order; or 1
(ii) the treatment of the person in connection with the 2
person's detention under the order; 3
have not been brought, or have been brought and have 4
ended within the period; 5
the particulars must be destroyed as soon as practicable after 6
the end of that period by the person who possesses the 7
particulars. 8
Part 6 Reviews and other remedies 9
71 Review by Supreme Court on application of detained 10
person 11
(1) A person for whom a final order is made may apply to the 12
Supreme Court for an order revoking or varying the order. 13
(2) The application may be made at any time after the order is 14
served on the person, and-- 15
(a) whether before or after the person is released from 16
detention under the order; and 17
(b) whether or not representations have been made to the 18
nominated police officer about a matter that is the 19
subject of the application. 20
(3) The person must give written notice of the application and the 21
grounds on which it is made to the commissioner. 22
(4) The commissioner must give the PIM written notice of the 23
application and a copy of the notice and grounds mentioned in 24
subsection (3). 25
(5) The commissioner is the respondent to the application. 26
72 Review by Supreme Court initiated by police officer 27
detaining a person 28
(1) This section applies if within 7 days after a person is detained 29
under a preventative detention order-- 30
s 73 63 s 73
Terrorism (Preventative Detention) Bill 2005
(a) the order is still in force; and 1
(b) the person has not made an application to the Supreme 2
Court under section 71. 3
(2) The commissioner must bring an application before the 4
Supreme Court for a decision on whether the order, or any 5
prohibited contact order made in relation to detention under 6
the order, should be revoked or varied. 7
(3) The person is taken to be an applicant for the revocation or 8
varying of the order and the commissioner is taken to be the 9
respondent. 10
73 Supreme Court hearing and decision 11
(1) The court is to decide an application under section 71 or 72 by 12
way of reconsideration on the merits of the case without being 13
affected by the original decision to make the order. 14
(2) The record for the application is to include all material given 15
to the issuing authority. 16
(3) The PIM is entitled to appear, to examine any witness and to 17
make any submissions. 18
(4) If the PIM does appear-- 19
(a) the PIM is a party to the proceedings; but 20
(b) a costs order can not be made against the PIM. 21
(5) The parties may bring additional evidence and make 22
additional submissions to the court. 23
(6) In deciding the application, the court's power includes the 24
power to affirm, revoke or vary the order. 25
(7) The application is a proceeding within the meaning of the 26
Supreme Court of Queensland Act 1991, section 116B for the 27
purposes of part 8A of that Act. 28
29
Note--
30
The Supreme Court of Queensland Act 1991, part 8A makes provision
31
for the use of video link for a proceeding in the Supreme Court.
s 74 64 s 75
Terrorism (Preventative Detention) Bill 2005
74 Stay of revocation pending outcome of appeal 1
(1) This section applies if-- 2
(a) the Supreme Court revokes or varies a preventative 3
detention order on application under section 71 or 72; 4
and 5
(b) the respondent informs the court that the respondent 6
intends to appeal the revocation or variation to the Court 7
of Appeal under the Supreme Court of Queensland Act 8
1991, section 69. 9
(2) The revocation or variation is stayed, unless the court 10
otherwise orders, until-- 11
(a) if the appeal is lodged within 12 hours after the 12
revocation or variation--the end of the appeal; or 13
(b) if an appeal is not lodged within 12 hours after the 14
revocation or variation--the end of the 12 hours. 15
75 Proceedings in relation to preventative detention orders 16
generally saved and right of compensation conferred 17
(1) This Act does not limit proceedings that may be brought in a 18
court for a remedy in relation to-- 19
(a) a preventative detention order; or 20
(b) the treatment of a person in connection with the person's 21
detention under a preventative detention order. 22
23
Example--
24
A right to start a proceeding under the Judicial Review Act 1991 is not
25
limited by this Act.
Without limiting subsection (1), the person for whom a
(2) 26
preventative detention order is made may apply to the 27
Supreme Court for compensation-- 28
(a) if, under this part, the Supreme Court revokes the order, 29
whether before or after the order has otherwise ceased to 30
have effect; or 31
(b) when the order ceases to have effect. 32
(3) The application must be made within a period decided by the 33
court at any time. 34
s 76 65 s 76
Terrorism (Preventative Detention) Bill 2005
(4) The record for the application is to include all material given 1
to the issuing authority. 2
(5) The parties may bring additional evidence and make 3
additional submissions to the court. 4
(6) The Supreme Court may order compensation to be paid to the 5
applicant if it is satisfied-- 6
(a) that the preventative detention order should not have 7
been made; or 8
(b) that the treatment of the applicant while being detained 9
under the preventative detention order contravened this 10
Act. 11
(7) The applicant is not entitled to compensation merely because 12
a preventative detention order or prohibited contact order is 13
made. 14
(8) If the Supreme Court makes a decision under subsection (6), 15
the State is liable to pay the compensation decided by the 16
court. 17
18
Note--
19
See the Criminal Code of the Commonwealth, section 105.52, for the
20
court's power to provide remedies for a preventative detention order
21
under the Code.
(9) Without limiting subsection (2), an application under this 22
section may be made in the course of an application to the 23
Supreme Court for an order under the Judicial Review Act 24
1991, section 30, in relation to an application for, or the 25
making of, a preventative detention order. 26
76 Supreme Court to establish procedures for ensuring 27
secrecy of proceedings under this Act while terrorist 28
threat exists 29
(1) This section only applies to proceedings under this Act about 30
a preventative detention order that is in force. 31
(2) Despite any rule or practice to the contrary, proceedings under 32
this Act are not to be conducted in public nor publicised in 33
any public list of the Supreme Court's business. 34
(3) The Supreme Court must establish appropriate procedures to 35
ensure that information about-- 36
s 77 66 s 77
Terrorism (Preventative Detention) Bill 2005
(a) the court's proceedings on review of a preventative 1
detention order; and 2
(b) any other proceedings brought before the court in 3
relation to a preventative detention order; 4
is confined within the narrowest possible limits. 5
(4) The Supreme Court is not, however, required to suppress the 6
publication of information under this section if-- 7
(a) the Minister authorises its publication; or 8
(b) the court decides that the publication of the information 9
should be authorised in the public interest. 10
Part 7 Miscellaneous 11
77 Nature of functions of judge 12
(1) A function of making an order conferred by this Act on a 13
judge acting as an issuing authority is conferred on the judge 14
in a personal capacity and not as a court or a member of a 15
court. 16
(2) Without limiting subsection (1), an order made by the judge 17
acting as an issuing authority has effect only because of this 18
Act and is not to be taken by implication to be made by a 19
court. 20
(3) The Supreme Court of Queensland Act 1991, section 27AA 21
applies to the judge in performing the function. 22
23
Note--
24
The applied section provides for the protection and immunity of a
25
Supreme Court judge.
(4) Subsection (3) does not limit the protection or immunity the 26
judge would have apart from the subsection. 27
(5) A retired judge performing a function under this Act has the 28
same protection and immunity as a judge has under this 29
section. 30
s 78 67 s 81
Terrorism (Preventative Detention) Bill 2005
78 Nature of functions of magistrate 1
(1) A function of making an order conferred on a magistrate by 2
section 69 is conferred on the magistrate in a personal 3
capacity and not as a court or a member of a court. 4
(2) Without limiting subsection (1), an order made by a 5
magistrate under section 69 has effect only because of this Act 6
and is not to be taken by implication to be made by a court. 7
(3) The Magistrates Act 1991, section 51 applies to a magistrate 8
performing the function mentioned in subsection (1). 9
10
Note--
11
The applied section provides for the protection and immunity of a
12
magistrate.
(4) Subsection (3) does not limit the protection or immunity the 13
magistrate would have apart from the subsection. 14
79 Obtaining orders by telephone or similar facility 15
(1) A police officer may apply to the issuing authority for a 16
preventative detention order by phone, fax, video link, email, 17
radio or similar facility if it is reasonably necessary to apply in 18
that way because of-- 19
(a) urgent circumstances; or 20
(b) other special circumstances, for example, the police 21
officer's remote location. 22
(2) Before making the application the police officer must prepare 23
the written application as required under this Act. 24
80 Offences 25
Proceedings for an offence against this Act must be taken in a 26
summary way under the Justices Act 1886. 27
81 Other functions not affected 28
This Act does not affect any existing function of the 29
ombudsman, the crime and misconduct commission or the 30
PIM under another Act. 31
s 82 68 s 85
Terrorism (Preventative Detention) Bill 2005
82 Law relating to legal professional privilege not affected 1
To remove any doubt, it is declared that this Act does not 2
affect the law relating to legal professional privilege. 3
83 Sunset provision 4
(1) This Act expires at the end of 10 years after the day on which 5
this section commences. 6
(2) A preventative detention order, or a prohibited contact order, 7
that is in force when the Act expires ceases to have effect. 8
(3) Despite the Act's expiry, the Act continues to apply in relation 9
to-- 10
(a) matters arising before its expiry; and 11
(b) matters arising under preventative detention orders and 12
prohibited contact orders while they were in force. 13
(4) This section does not limit the Acts Interpretation Act 1954, 14
section 20. 15
84 Regulation-making power 16
The Governor in Council may make regulations under this 17
Act. 18
Part 8 Amendment of Police Powers 19
and Responsibilities Act 2000 20
85 Act amended in pt 8 and references 21
(1) This part amends the Police Powers and Responsibilities Act 22
2000. 23
(2) A reference in this part to a provision of the Act amended is a 24
reference to the provision as numbered before relocation and 25
renumbering under the Cross-Border Law Enforcement 26
Legislation Amendment Act 2005. 27
s 86 69 s 86
Terrorism (Preventative Detention) Bill 2005
(3) If the provision is relocated and renumbered as mentioned in 1
subsection (2), the reference in this part to the provision is 2
taken to be a reference to the provision as relocated and 3
renumbered. 4
86 Amendment of s 159 (Monitor's functions) 5
Section 159-- 6
insert-- 7
`(4) Also, the public interest monitor has the following 8
functions-- 9
(a) under the Criminal Code of the Commonwealth, to 10
exercise the power conferred on the monitor under the 11
following sections-- 12
· section 104.12 (Service, explanation and 13
notification of an interim control order) 14
· section 104.14 (Confirming an interim control 15
order) 16
· section 104.18 (Application by the person for a 17
revocation or variation of a control order) 18
· section 104.19 (Application by the AFP 19
Commissioner for a revocation or variation of a 20
control order) 21
· section 104.23 (Application by the AFP 22
Commissioner for addition of obligations, 23
prohibitions or restrictions); 24
(b) under the Terrorism (Preventative Detention) Act 2005, 25
to exercise the power conferred on the monitor under the 26
following sections-- 27
· section 14 (General provisions that apply if the 28
PIM must be notified about an application to an 29
issuing authority) 30
· section 73 (Supreme Court hearing and decision); 31
(c) to gather statistical information about the use and 32
effectiveness of control orders and preventative 33
s 87 70 s 87
Terrorism (Preventative Detention) Bill 2005
detention orders under the Acts mentioned in 1
paragraphs (a) and (b); 2
(d) whenever the public interest monitor considers it 3
appropriate--to give to the commissioner a report on 4
noncompliance by police officers with the Terrorism 5
(Preventative Detention) Act 2005. 6
`(5) Also, subject to the direction of the public interest monitor, a 7
deputy public interest monitor has the functions mentioned in 8
subsection (4).'. 9
87 Amendment of s 160 (Monitor's annual report) 10
Section 160-- 11
insert-- 12
`(1A) Also, a report relating to a year must include the following 13
matters under the Terrorism (Preventative Detention) Act 14
2005-- 15
(a) the number of initial orders made during the year; 16
(b) the number of final orders made during the year; 17
(c) whether a person was taken into custody under each of 18
those orders and, if so, how long the person was 19
detained for; 20
(d) particulars of any complaints about the detention of a 21
person under a preventative detention order made or 22
referred during the year to the ombudsman or the crime 23
and misconduct commission; 24
(e) the number of prohibited contact orders made during the 25
year; 26
(f) the use of preventative detention orders and prohibited 27
contact orders generally. 28
`(1B) Also, a report relating to a year must include the following 29
matters under the Criminal Code of the Commonwealth, 30
division 104, in relation to matters involving the public 31
interest monitor-- 32
s 87 71 s 87
Terrorism (Preventative Detention) Bill 2005
(a) the number of control orders confirmed, declared void, 1
revoked or varied during the year; 2
(b) the use of control orders generally.'. 3
72
Terrorism (Preventative Detention) Bill 2005
Schedule Dictionary 1
section 4 2
AFP member or AFP employee means an AFP member or 3
AFP employee within the meaning of the Australian Federal 4
Police Act 1979 (Cwlth). 5
ASIO means the Australian Security Intelligence 6
Organisation under the Australian Security Intelligence 7
Organisation 1979 (Cwlth). 8
ASIO warrant means a warrant under the Australian Security 9
Intelligence Organisation Act 1979 (Cwlth), section 34D. 10
assistant commissioner means an assistant commissioner 11
under the Police Service Administration Act 1990. 12
commissioner means the commissioner of the police service 13
under the Police Service Administration Act 1990. 14
Commonwealth control order means a control order, 15
including any interim control order, made for a person under 16
division 104 of the Criminal Code of the Commonwealth. 17
corresponding law means-- 18
(a) division 105 of the Criminal Code of the 19
Commonwealth and the regulations and other 20
instruments made under the division, as in force from 21
time to time; or 22
(b) a law of another State that provides for preventative 23
detention of persons in relation to terrorist acts, 24
including any law of another State that is declared by the 25
regulations to be a corresponding law. 26
deputy commissioner means the deputy commissioner under 27
the Police Service Administration Act 1990. 28
detention centre means a detention centre under the Juvenile 29
Justice Act 1992. 30
final order see section 22. 31
frisk search see the Police Powers and Responsibilities Act 32
2000, schedule 4. 33
73
Terrorism (Preventative Detention) Bill 2005
Schedule (continued)
identifying particulars see the Police Powers and 1
Responsibilities Act 2000, schedule 4. 2
impaired capacity see the Guardianship and Administration 3
Act 2000. 4
initial order see section 15. 5
issuing authority see section 7. 6
judge means a Supreme Court judge. 7
lawyer means an Australian lawyer. 8
member of the police service means a member of the police 9
service under the Police Service Administration Act 1990. 10
national security means national security within the meaning 11
of the National Security Information (Criminal and Civil 12
Proceedings) Act 2004. 13
nominated police officer see section 38. 14
ombudsman means-- 15
(a) the ombudsman under the Ombudsman Act 2001; or 16
(b) the Commonwealth Ombudsman in relation to his or her 17
functions under the Complaints (Australian Federal 18
Police) Act 1981 (Cwlth). 19
ordinary search means a search of a person or of articles in 20
the possession of a person that may include-- 21
(a) requiring the person to remove his or her overcoat, coat 22
or jacket and any gloves, shoes or hat; and 23
(b) an examination of those items. 24
PIM means the public interest monitor. 25
prescribed 14 day period see section 12. 26
prescribed 24 hour period see section 12. 27
preventative detention order means an initial order or a final 28
order. 29
prohibited contact order means an order made under section 30
32 or 33. 31
74
Terrorism (Preventative Detention) Bill 2005
Schedule (continued)
public interest monitor see the Police Powers and 1
Responsibilities Act 2000, schedule 4, definition monitor. 2
retired judge means a retired Supreme Court judge. 3
security-cleared lawyers means lawyers who have been given 4
a security clearance at an appropriate level by the 5
Attorney-General's Department of the Commonwealth. 6
seizable item means anything that-- 7
(a) would present a danger to a person; or 8
(b) could be used to assist a person to escape from lawful 9
custody; or 10
(c) could be used to contact another person or to operate a 11
device remotely. 12
senior police officer means the commissioner, the deputy 13
commissioner or an assistant commissioner. 14
terrorist act see the Police Powers and Responsibilities Act 15
2000, section 147A. 16
© State of Queensland 2005
AMENDMENTS TO BILL
1
Terrorism (Preventative Detention) Bill 2005
Terrorism (Preventative Detention) Bill
2005
Amendments agreed to during Consideration
1 Clause 7--
At page 7, line 12, after `judge'--
insert--
`;
in either case appointed by the Minister under subsection
(3A)'.
1A Clause 7--
At page 7, line 19, after `retired judge'--
insert--
`holding an appointment under subsection (3A)'.
2 Clause 7--
At page 7, after line 19--
insert--
`(3A) The Minister may appoint 1 or more judges or retired judges
to be the issuing authority for final orders.'.
3 Clause 17--
At page 15, line 31, `application'--
omit, insert--
`order'.
4 Clause 47--
At page 39, line 10, `by a police officer'--
omit.
2
Terrorism (Preventative Detention) Bill 2005
5 Clause 48--
At page 40, line 22, `by a police officer'--
omit.
6 Clause 51--
At page 43, line 13, `or', second appearing--
omit.
7 Clause 56--
At page 47, line 7, `detention', second appearing--
omit.
8 Clause 58--
At page 48, line 28, `by a police officer'--
omit.
9 Clause 64--
At page 55, lines 27 and 28, `by a police officer'--
omit.
10 Clause 64--
At page 55, after line 36--
insert--
`Example of a disclosure made for a purpose mentioned in
subparagraphs (i) to (iv)--
A lawyer briefs another lawyer in relation to work to be
done for the detainee by the other lawyer in relation to an
application, proceeding, complaint or representation
mentioned in the subparagraphs.'.
3
Terrorism (Preventative Detention) Bill 2005
11 Clause 65--
At page 56, lines 26 and 27, `by a police officer'--
omit.
12 Clause 67--
At page 58, line 15, `63,'--
omit.
13 Schedule--
At page 72, after line 17--
insert--
`corrective services facility see the Corrective Services Act
2000, schedule 3, corrective services facility.'.
14 Schedule--
At page 74, lines 13 and 14--
omit, insert--
`senior police officer means--
(a) for section 38 or 46--a superintendent, chief
superintendent, an assistant commissioner, the deputy
commissioner or the commissioner; or
(b) otherwise--an assistant commissioner, the deputy
commissioner or the commissioner.
superintendent or chief superintendent means a police
officer holding the rank of superintendent or chief
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