TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 13

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 13

13—Prohibited contact order (person in relation to whom preventative detention order is being sought)

        (1)         A police officer who applies to an issuing authority for a preventative detention order in relation to a person (the "subject") may also apply for a prohibited contact order in relation to the subject’s detention under the preventative detention order.

        (2)         The application must set out—

            (a)         the terms of the order sought; and

            (b)         the facts and other grounds on which the police officer considers that the order should be made.

        (3)         The information in the application for the prohibited contact order must be sworn or affirmed by the police officer but, in a case of urgency, the issuing authority may make the prohibited contact order on the police officer undertaking to swear or affirm the information as soon as practicable after the order is made.

        (4)         If the issuing authority makes the preventative detention order, the issuing authority may make a prohibited contact order that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.

Note—

Section 12A sets out the basis on which the order may be made.

        (5)         The prohibited contact order must be in writing.

        (6)         The nominated senior police officer for the preventative detention order must—

            (a)         notify the Office for Public Integrity in writing of the prohibited contact order; and

            (b)         give the Office for Public Integrity a copy of the order.