(a) a preventative detention order is made by the Supreme Court in relation to
a person on the final determination of an application under section 5 ;
and
(b) the order is in force in relation to the person –
an authorised
police officer may apply to the Supreme Court for an extension, or a further
extension, of the period for which the order is to be in force in relation to
the person.
(2) The application must –
(a) be made in writing; and
(ab) set out –
(i) the true name of the person in relation to whom the extension is sought;
or
(ii) if, after reasonable inquiries have been made, the true name of the
person in relation to whom the extension is sought is not known but an alias
is known for the person, the person's alias; or
(iii) if, after reasonable inquiries have been made, the true name of the
person in relation to whom the extension is sought is not known and no alias
is known for the person, a description sufficient to identify the person; and
(b) set out the facts and other grounds on which the applicant considers that
the extension, or further extension, is reasonably necessary for the purpose
for which the order was made; and
(c) set out the outcomes and particulars of all previous applications for
extensions, or further extensions, of the order.
(3) The application must be sworn by the applicant.
(4) The applicant must cause notice of the application to be given to
the person in relation to whom the preventative detention order is in force.
(5) The person in relation to whom the preventative detention order is
in force is entitled to appear on the hearing and give evidence, call
witnesses, examine and cross-examine witnesses, adduce material and make
submissions. However, his or her absence does not prevent the Supreme Court
from determining the application.
(6) The Supreme Court may, by order, extend or further extend the period
for which the order is to be in force in relation to the person if it is
satisfied that detaining the person under the order for the period as
extended, or further extended, is reasonably necessary for the purpose for
which the order was made.
(7) The order must be in writing.
(8) The extension, or further extension, must not result in the
preventative detention order specifying a period in excess of the maximum
period permissible under section 9(2) .
(9) If the person in relation to whom the order is in force is being
detained in a prison and the Supreme Court makes an order under
subsection (6) that extends, or further extends, the period for which the
order is to be in force, the applicant must cause a copy of the order under
that subsection to be given to the Director of Corrective Services as soon as
practicable after it is made.
