Basis for applying for, and making, a preventative detention order
8 Basis for applying for, and making, a preventative detention order
(1) A police officer may apply for a preventative detention order for a person
only if the police officer meets the requirements of subsection (3) or (5) .
(2) The issuing authority may make a preventative detention order for a person
only if the issuing authority meets the requirements of subsection (3) or (5)
.
(3) The police officer or issuing authority meets the requirements of this
subsection if the police officer or issuing authority is satisfied—
(a)
there are reasonable grounds to suspect that the person—
(i) will engage in
a terrorist act; or
(ii) possesses a thing that is connected with the
preparation for, or the engagement of a person in, a terrorist act; or
(iii)
has done an act in preparation for, or in planning, a terrorist act; and
(b)
making the order would substantially assist in preventing a terrorist act
occurring; and
(c) detaining the person for the period for which the person
is to be detained under the order is reasonably necessary for the purpose of
substantially assisting in preventing a terrorist act occurring.
(4) For
subsection (3) , the police officer or issuing authority must be satisfied
there are reasonable grounds to suspect a terrorist act is capable of being
carried out, and could occur, within the next 14 days.
(5) Also, the police
officer or issuing authority meets the requirements of this subsection if the
police officer or issuing authority is satisfied on reasonable grounds—
(a)
a terrorist act has occurred within the last 28 days; and
(b) it is necessary
to detain the person to preserve evidence in Queensland or elsewhere of, or
relating to, the terrorist act; and
(c) detaining the person for the period
for which the person is to be detained under the order is reasonably necessary
for the purpose of preserving the evidence.
(6) The issuing authority may
refuse to make a preventative detention order unless the police officer
applying for the order gives the issuing authority any further information
that the issuing authority requests about the facts and other grounds on which
the police officer making the application considers the order should be made.
