Queensland Numbered Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 No. 73

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Object
   4.      Definitions
   5.      Act binds all persons
   6.      Extraterritoriality of terrorist act no barrier
   7.      Issuing authority

           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 an 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 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
   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.     Questioning of person prohibited while person is detained
   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 misconduct commission
   58.     Contacting lawyer
   59.     Monitoring contact under section 56, 58 or 61
   60.     Special contact rules for child or person of impaired capacity
   61.     Child or person of impaired capacity 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 7--Miscellaneous

   77.     Nature of functions of judge
   78.     Nature of functions of magistrate
   79.     Obtaining orders by telephone or similar facility
   80.     Offences
   81.     Other functions not affected
   82.     Law relating to legal professional privilege not affected
   83.     Sunset provision
   84.     Regulation-making power

           Part 8--Amendment of Police Powers and Responsibilities Act 2000

   85.     Act amended in pt 8 and references
   86.     Amendment of s 159 (Monitor's functions)
   87.     Amendment of s 160 (Monitor's annual report)
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