TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 15

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 15

15—Revocation of preventative detention order or prohibited contact order

        (1)         If—

            (a)         a preventative detention order is in force in relation to a person; and

            (b)         the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist,

the police officer must apply to an issuing authority for the revocation of the order.

        (2)         If—

            (a)         a preventative detention order is in force in relation to a person; and

            (b)         an issuing authority is satisfied, on application by a police officer, that the grounds on which the order was made have ceased to exist,

the issuing authority must revoke the order.

        (3)         If—

            (a)         a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and

            (b)         the police officer who is detaining the person under the preventative detention order is satisfied that the grounds on which the prohibited contact order was made have ceased to exist,

the police officer must apply to an issuing authority for the revocation of the prohibited contact order.

        (4)         If—

            (a)         a prohibited contact order is in force in relation to a person’s detention under a preventative detention order; and

            (b)         an issuing authority is satisfied, on application by a police officer, that the grounds on which the prohibited contact order was made have ceased to exist,

the issuing authority must revoke the prohibited contact order.

        (5)         A person being detained under a preventative detention order may make representations to the nominated senior police officer for the order with a view to having the order revoked.

        (6)         The nominated senior police officer for the preventative detention order must notify the Office for Public Integrity in writing of the revocation of the order or of a prohibited contact order in relation to the person's detention under the preventative detention order.