TERRORISM (PREVENTATIVE DETENTION) ACT 2005

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: