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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 9 Duration of preventative detention orders

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 9

Duration of preventative detention orders

(1)  The maximum period that may be specified in a preventative detention order made by a senior police officer as the period during which a person may be detained under the order is 24 hours.
(2)  Subject to subsection (3) , the maximum period (including that period, as extended, or further extended, under section 11 ) that may be specified in a preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 14 days less any period during which the person is actually detained under –
(a) a preventative detention order made by a senior police officer; or
(b) an order for the person's detention made under a corresponding preventative detention law –
on the same basis.
(3)  The maximum period that may be specified in an interim preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 48 hours.
(4)  Despite the period of detention specified in a preventative detention order made by a senior police officer, as soon as practicable after the person in relation to whom the order is made is first taken into custody or detained under the order, an application for a preventative detention order in relation to the person must be made to the Supreme Court.
(5)  To avoid doubt, for the purposes of subsection (2) orders are made on the same basis if –
(a) in the case of orders made on the basis of preventing a terrorist act from occurring, they relate to the same terrorist act occurring within the same period; and
(b) in the case of orders made on the basis of preserving evidence of, or relating to, a terrorist act, they relate to the same terrorist act.