TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - As at 6 December 2021 - Act 73 of 2005
TERRORISM (PREVENTATIVE DETENTION) ACT 2005
- As at 6 December 2021
- Act 73 of 2005
TABLE OF PROVISIONS
Long Title
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 (Repealed)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
85. Application of s 7A
SCHEDULE - Dictionary
