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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 25 Arrangement for detainee to be held in prison

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 25

Arrangement for detainee to be held in prison

(1)  A senior police officer may request the Director of Corrective Services to authorise the transfer of a person who is being detained under a preventative detention order from the place where he or she is being detained to a prison.
(2)  A request under subsection (1) must be accompanied by a copy of –
(a) the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and
(b) any extension or further extension of the order under section 11 ; and
(c) any prohibited contact order that is in force in relation to the person's detention under the preventative detention order.
(3)  To avoid doubt, a request may be made under subsection (1) in respect of a person who is under 18 years of age.
(4)  If requested to do so under subsection (1) , the Director of Corrective Services may, by instrument, authorise the transfer to a prison of a person being detained by a police officer under a preventative detention order from the place where he or she is being detained.
(5)  If a person is being detained in a prison under a preventative detention order –
(a) the preventative detention order is taken to authorise the Director of Corrective Services to detain the person at the prison while the order is in force in relation to the person; and
(b) section 30 applies in relation to the person's detention under the order at the prison as if –
(i) the Director of Corrective Services; or
(ii) any other person involved in the person's detention at that prison –
were a person exercising authority under the order or implementing or enforcing the order; and
(c) the senior police officer who made the request under subsection (1) is taken, while the person is detained at the prison, to be the police officer detaining the person for the purposes of Parts 4 and 5 ; and
(d) a police officer may at any time enter the prison and visit the person being detained in the prison in connection with the exercise of powers under, and the performance of obligations in relation to, the order.
(6)  The Corrections Act 1997 applies in respect of the detention of a person in a prison or police gaol under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law as if the following provisions of that Act or made under that Act did not form part of it:
(a) sections 10 , 11 , 12 , 13 , 14 , 16 and 17 ;
(b) sections 25 and 28 ;
(c) sections 29(1)(j) , (k) , (l) , (m) , (n) and (o) ;
(d) sections 30 , 33 , 40 , 41 and 42 ;
(e) Part 7 ;
(f) regulations 27(b) and (c) of the Corrections Regulations 1998 .
(7)  A person permitted to contact a person being detained under a preventative detention order by visiting the person while the person subject to the order is being detained in a prison may enter the prison and visit the person in accordance with the procedures determined by the Director of Corrective Services and the police officer exercising authority under the preventative detention order.
(8)  Nothing in this section prevents an AFP member entering a prison and visiting a person being detained in the prison in connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law.