• Specific Year
    Any

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 17 Application by police for revocation or variation of preventative detention order or prohibited contact order

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 17

Application by police for revocation or variation 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 –
an authorised police officer must as soon as practicable apply for the revocation of the order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer.
(2)  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, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be varied –
the authorised police officer must apply for a variation of the order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer.
(3)  If –
(a) a preventative detention order is in force in relation to a person; and
(b) the Supreme Court or, if the order was made by a senior police officer, a senior police officer is satisfied, on application by an authorised police officer under subsection (1) or (2) that it is appropriate that the order be revoked or varied –
the Court, by order, or the officer, in writing, must revoke or vary the order.
(4)  If the person in relation to whom the preventative detention order is in force is being detained in a prison and the order is revoked or varied under subsection (3) , the applicant for the revocation or variation must cause a copy of any instrument made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made.
(5)  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, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, that it is appropriate that the order be revoked or varied (including that the grounds on which the order was made have ceased to exist) –
an authorised police officer must apply for the revocation or a variation of the prohibited contact order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer.
(6)  If –
(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and
(b) the Supreme Court or, if the order was made by a senior police officer, a senior police officer is satisfied, on application by a police officer under subsection (5) , that it is appropriate that the order be revoked or varied –
the Court, by order, or the officer, in writing, must revoke or vary the prohibited contact order.
(7)  If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison and the prohibited contact order is revoked or varied under subsection (6) , the applicant for the revocation or variation must cause a copy of any instrument made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made.