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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 49 Legal proceedings in relation to orders

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 49

Legal proceedings in relation to orders

(1)  Proceedings may be brought in a court for a remedy in relation to –
(a) a preventative detention order; or
(b) a prohibited contact order; or
(c) the treatment of a person in connection with the person's detention under a preventative detention order.
(2)  If –
(a) a person applies to a court for –
(i) review of the application for, or the making of, a preventative detention order or a prohibited contact order or the person’s treatment in connection with the person’s detention under a preventative detention order; or
(ii) a remedy in relation to the application for, or the making of, a preventative detention order or a prohibited contact order or the person’s treatment in connection with the person’s detention under a preventative detention order; and
(b) the person applies to the court for an order under this subsection –
the court may order the Commissioner of Police to give to the court, and the parties to the proceedings, the information that was put before the Supreme Court or the senior police officer (as the case requires) when the application for the order was made.
(3)  Subsection (2) does not require information to be given to the court, or the parties to the proceedings, if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth).