TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - As at 6 December 2021 - Act 73 of 2005
- As at 6 December 2021
- Act 73 of 2005
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Definitions
- 5 Act binds all persons
- 6 Extraterritorial application of Act
- 7 Issuing authority
7A. (Repealed)
PART 2 - PREVENTATIVE DETENTION ORDERS
Division 1 - General
- 8 Basis for applying for, and making, a preventative detention order
- 9 No preventative detention order for person under 16 years of age
- 10 Multiple preventative detention orders
- 11 Restrictions on subject matter of multiple preventative detention orders
- 12 Restrictions on period of detention under multiple preventative detention orders
- 13 Presence or absence at application for order of detainee and other persons
- 14 General provisions that apply if the PIM must be notified about an application to the issuing authority
Division 2 - Initial orders
- 15 Application for initial order
- 16 PIM must be notified
- 17 Issuing authority may make initial order
- 18 Duration of initial order
- 19 Application for extension of initial order
- 20 PIM must be notified
- 21 Issuing authority may extend initial order
Division 3 - Final orders
- 22 Application for final order
- 23 Notice to and representations by the person
- 24 PIM must be notified
- 25 Issuing authority may make final order
- 26 Duration of final order
- 27 Application for extension of final order
- 28 Further provisions about application for extension of final order
- 29 Notice to and representations by the person
- 30 PIM must be notified
- 31 Issuing authority may extend final order
Division 3A - Legal Aid
- 31A Order for free legal assistance
- 31B Effect of order
Division 4 - Prohibited contact orders
- 32 Prohibited contact order for person for whom preventative detention order is being sought
- 33 Prohibited contact order for person for whom preventative detention order is already in force
- 34 Notice to PIM
Division 5 - Revocation of orders by issuing authority
- 35 Revocation of preventative detention order or prohibited contact order
- 36 PIM must be notified
PART 3 - CARRYING OUT PREVENTATIVE DETENTION ORDERS
- 37 Power to detain person under preventative detention order
- 38 Nominated police officer to oversee functions and powers
- 39 Endorsement of order with date and time person taken into custody
- 40 Requirement to provide name etc.
- 41 Power to enter premises
- 42 Power to conduct a frisk search
- 43 Power to conduct an ordinary search
- 43A Search involving removal of clothing
- 43B Safeguards apply
- 44 ASIO warrant
- 45 Release of person from preventative detention
- 46 Arrangement for detainee to be held
PART 4 - INFORMING PERSON DETAINED ABOUT PREVENTATIVE DETENTION ORDER
- 47 Effect of initial order to be explained to person detained
- 48 Effect of final order to be explained to person detained
- 49 Person being detained to be informed of extension of preventative detention order
- 50 Compliance with obligations to inform
- 51 Copy of preventative detention order and summary of grounds
PART 5 - TREATMENT OF PERSON DETAINED
Division 1 - General
- 52 Humane treatment of person being detained
- 53 Restrictions on questioning detained person
- 54 Offences of contravening safeguards
Division 2 - Contact provisions
- 55 Restriction on contact with other people
- 56 Contacting family members etc.
- 57 Contacting ombudsman and Crime and Corruption Commission
- 58 Contacting lawyer
- 59 Monitoring contact under s 56, 58 or 61
- 59A Restrictions on monitoring contact with lawyer
- 60 Special contact rules for child or person of impaired capacity
- 61 Particular persons to be contacted by relevant chief executive
- 62 The relevant chief executive and the chief executive’s delegate
- 63 Entitlement to contact subject to prohibited contact order
Division 3 - Disclosure offences
- 64 Lawyer
- 65 Parent/guardian
- 66 Interpreter
- 67 Disclosure recipient
- 68 Persons who monitor
Division 4 - Identifying particulars
- 69 Taking identifying particulars
- 70 Use of identifying particulars
PART 6 - REVIEWS AND OTHER REMEDIES
- 71 Review by Supreme Court on application of detained person
- 72 Review by Supreme Court initiated by police officer detaining a person
- 73 Supreme Court hearing and decision
- 74 Stay of revocation pending outcome of appeal
- 75 Proceedings in relation to preventative detention orders generally saved and right of compensation conferred
- 76 Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists
PART 6A - REPORTING REQUIREMENTS
- 76A Application of part
- 76B Commissioner to report to Minister
- 76C Minister to report to Parliament
PART 7 - MISCELLANEOUS
- 77 Nature of functions of judge
- 78 Nature of functions of magistrate
- 79 Electronic application in particular circumstances
- 79A Oral application for initial order in urgent circumstances
- 79B Recording of particular applications for initial order
- 79C Additional procedure if electronic application
- 80 Offences
- 80A No cost orders against person detained
- 81 Other functions not affected
- 82 Law relating to legal professional privilege not affected
- 83 Sunset provision
- 83A Review of Act
- 84 Regulation-making power
PART 8 - TRANSITIONAL PROVISION
