TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 9
TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 9
9—Application for preventative detention order
(1) A police officer
may apply to an issuing authority for a preventative detention order in
relation to a person.
(a) be
made in writing; and
(b) set
out the facts and other grounds on which the police officer considers that the
order should be made; and
(c)
specify the period for which the person is to be detained under the order and
set out the facts and other grounds on which the police officer considers that
the person should be detained for that period; and
(d) set
out the information (if any) that the applicant has about the person’s
age; and
(e) set
out the outcomes and particulars of all previous applications for preventative
detention orders under this Act or a corresponding preventative detention law
in relation to the person; and
(f) set
out the outcomes and particulars of all other applications or proceedings made
or taken in relation to the person under other Australian anti-terrorism laws;
and
(g) set
out the information (if any) that the applicant has about any periods for
which the person has been detained under a corresponding
preventative detention law; and
(h) set
out a summary of the grounds on which the police officer considers that the
order should be made.
(2a) To avoid doubt,
subsection (2)(h) does not require information to be included in the
summary if the disclosure of the information is likely to prejudice
national security.
(3) The information in
the application must be sworn or affirmed by the police officer but, in a case
of urgency, the issuing authority may issue the preventative detention order
on the police officer undertaking to swear or affirm the information as soon
as practicable after the order is made.
(4) If—
(a) a
preventative detention order is made in relation to a person on the basis of
assisting in preventing a particular terrorist act occurring within a
particular period; and
(b) the
person is detained under the order; and
(c) an
application is made for another preventative detention order in relation to
the person on the basis of assisting in preventing a different terrorist act
occurring within that period,
the application must also identify the information on which the application is
made that became available only after the preventative detention order
referred to in paragraph (a) was made.
Note—
See section 8(2).