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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 15 Prohibited contact order (person in relation to whom preventative detention order is already in force)

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 15

Prohibited contact order (person in relation to whom preventative detention order is already in force)

(1)  If a preventative detention order is in force in relation to a person (the " subject " ), an authorised police officer may apply to the Supreme Court or, if the preventative detention order was made by a senior police officer, to a senior police officer for a prohibited contact order under this section 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 applicant considers that the order should be made.
(2A)  Subject to subsection (2B) , the application must be made in writing (other than writing by means of an electronic communication).
(2B)  If the applicant considers it necessary to do so because of urgent circumstances, the application may be made –
(a) orally, either in person or by telephone; or
(b) by fax, email or other means of electronic communication.
(2C)  If subsection (2B) applies, the Supreme Court or relevant senior police officer must not make the prohibited contact order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection.
(3)  If the application is made in writing, or by fax, email or other means of electronic communication, it must be sworn by the applicant.

Note: Section 45 creates an offence for providing false or misleading information or documents in connection with an application to a senior police officer.

(3A)  If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant.
(4)  The person in relation to whose detention under a preventative detention order an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application.
(5)  If the Supreme Court or the senior police officer (as the case requires) is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the Court or officer may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact any person specified in the prohibited contact order.
(6)  The prohibited contact order must be in writing.
(7)  If the prohibited contact order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must –
(a) ensure that there is an audio recording or audio-visual recording of the application; or
(b) as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application.