TERRORISM (PREVENTATIVE DETENTION) ACT 2005

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Section 4

PART 2 - Preventative Detention Orders

• 5 Application for preventative detention order
• 6 Form and content of application
• 7 Preventative detention orders
• 8 Nature of preventative detention order
• 9 Duration of preventative detention orders
• 10 When order starts and ceases to have effect
• 11 Extension of preventative detention order
• 12 No preventative detention order in relation to person under 16 years
of age
• 13 Restrictions on multiple preventative detention orders
• 14 Prohibited contact order (person in relation to whom preventative
detention order is being sought)
• 15 Prohibited contact order (person in relation to whom preventative
detention order is already in force)
• 16 Application by detainee for revocation or variation of preventative
detention order or prohibited contact order
• 17 Application by police for revocation or variation of preventative
detention order or prohibited contact order

PART 3 - Carrying out Preventative Detention Orders

• 18 Power to detain person under preventative detention order
• 19 Endorsement of order with date and time person taken into custody
or detained
• 20 Requirement to provide name, &c.
• 21 Power to enter premises
• 22 Power to conduct personal search
• 23 Warrant under section 34E of the Australian Security Intelligence
Organisation Act 1979 of the Commonwealth
• 24 Release of person from preventative detention
• 25 Arrangement for detainee to be held in prison

PART 4 - Informing Person Detained about Preventative Detention Order

• 26 Effect of preventative detention order to be explained to person
detained
• 27 Person being detained to be informed of extension of preventative
detention order
• 28 Compliance with obligations to inform
• 29 Copy of preventative detention order and prohibited contact order

PART 5 - Treatment of Person Detained

• 30 Humane treatment of person being detained
• 31 Restriction on contact with other people
• 32 Contacting family members, &c.
• 33 Contacting Ombudsman
• 34 Contacting lawyer
• 35 Monitoring contact under section 32 or 34
• 36 Special contact rules for person under 18 or incapable of managing
own affairs
• 37 Entitlement to contact subject to prohibited contact order
• 38 Disclosure offences
• 39 Questioning of person prohibited while person is detained
• 40 Taking identification material
• 41 Use of identification material
• 42 Offences of contravening safeguards

PART 6 - Miscellaneous

• 43 Standard of proof
• 44 Nature of proceedings
• 45 False or misleading information or documents
• 46 Police officer detaining person under a preventative detention order
• 47 Ombudsman, &c., functions and powers not affected
• 48 Law relating to legal professional privilege not affected
• 49 Legal proceedings in relation to orders
• 50 Closure of Supreme Court and restriction on publication of
proceedings
• 51 Annual report
• 52 Regulations
• 53 Administration of Act
• 54 Sunset provision

[ Note: This table has been automatically generated and may be incomplete. ]