TERRORISM (PREVENTATIVE DETENTION) ACT 2005

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Object
• 3 Interpretation
• 4 Issuing authorities and limitation on powers
• 5 Police officer detaining person under preventative detention order

PART 2--Preventative detention orders

• 6 Basis for applying for, and making, preventative detention orders
• 7 No preventative detention order in relation to person under 16 years of age
• 8 Restrictions on multiple preventative detention orders
• 9 Application for preventative detention order
• 10 Making of preventative detention order
• 11 Duration of preventative detention order
• 12 Extension of preventative detention order
• 12A Basis for applying for, and making, prohibited contact orders
• 13 Prohibited contact order (person in relation to whom preventative detention order is being sought)
• 14 Prohibited contact order (person in relation to whom preventative detention order is already in force)
• 15 Revocation of preventative detention order or prohibited contact order
• 16 Status of person making preventative detention order

PART 3--Review of preventative detention orders

• 17 Review of preventative detention order
• 18 Review not to affect extension etc of preventative detention order

PART 4--Carrying out preventative detention orders

• 19 Power to detain person under preventative detention order
• 20 Endorsement of order with date and time person taken into custody
• 21 Requirement to provide name etc
• 22 Power to enter premises
• 23 Use of force
• 24 Power to conduct a frisk search
• 25 Power to conduct an ordinary search
• 26 Warrant under section 34E of the Australian Security Intelligence Organisation Act 1979
• 27 Release of person from preventative detention
• 28 Arrangement for detainee to be held in prison or remand centre

PART 5--Informing person detained about preventative detention order

• 29 Effect of preventative detention order to be explained to person detained
• 30 Person being detained to be informed of extension of preventative detention order
• 31 Compliance with obligations to inform
• 32 Copy of preventative detention order

PART 6--Treatment of person detained

• 33 Humane treatment of person being detained
• 33A Detention of persons under 18
• 34 Restriction on contact with other people
• 35 Contacting family members etc
• 36 Contacting Office for Public Integrity
• 37 Contacting lawyer
• 38 Monitoring contact with family members etc or lawyer
• 39 Special contact rules for person under 18 or incapable of managing own affairs
• 40 Entitlement to contact subject to prohibited contact order
• 41 Disclosure offences
• 42 Questioning of person prohibited while person is detained
• 43 Taking identification material
• 44 Use of identification material
• 45 Offences of contravening safeguards

PART 7--Miscellaneous

• 46 Nature of functions of Magistrate
• 47 Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists
• 48 Annual report
• 50 Law relating to legal professional privilege not affected
• 51 Legal proceedings in relation to preventative detention orders
• 51A Evidentiary provision
• 52 Sunset provision
Legislative history The Parliament of South Australia enacts as follows: