(1)  While a preventative detention order is in effect in relation to a person –

(a) any police officer may take the person into custody; and

(b) any police officer may detain the person.

(2)  A police officer may, for the purpose of taking a person into custody under a preventative detention order or preventing him or her from escaping from detention under the order, exercise any of the powers that he or she would have if he or she were apprehending the person under section 26 of the Criminal Code or the person was escaping from legal custody.

(3)  Subsection (2) does not apply to the extent to which particular powers are provided for in this Act.

(4)  If the person being detained is under the age of 18 years, the police officer must take such steps as are reasonably practicable to ensure that the person is not detained with any adult who is being detained under this or any other law at the place where the person is being detained.

(5)  Notwithstanding subsection (4) , a police officer may detain a person with another family member of the person.

(6)  In subsection (5)  –

family member of a person has the same meaning as in section 32(1) .

(7)  If a preventative detention order is made in relation to a person, the Commissioner of Police must nominate a police officer of or above the rank of commander (the " nominated senior police officer " ) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

(8)  The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order or the making of the order in relation to the person.

(9)  The nominated senior police officer must –

(a) oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

(b) without limiting paragraph (a) , ensure that the provisions of section 17 are complied with in relation to the preventative detention order; and

(c) receive and consider any representations that are made under subsection (10) .

(10)  The following persons:

(a) the person being detained under a preventative detention order;

(b) the Ombudsman under the Ombudsman Act 1978 ;

(c) a lawyer acting for the person being detained under a preventative detention order in relation to the order or a prohibited contact order;

(d) a person with whom the person being detained under a preventative detention order has contact under section 36(2) ;

(e) a person exercising authority under the order or implementing or enforcing the order (including a person taken to be such a person by force of section 25(5)(b) ) –

are entitled to make representations to the nominated senior police officer in relation to –

(f) the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

(g) without limiting paragraph (f) , compliance with the provisions of section 17 in relation to the preventative detention order; and

(h) the person’s treatment in connection with the person’s detention under the preventative detention order.