TERRORISM (PREVENTATIVE DETENTION) ACT 2006
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Terms used in this Act
- 5 Meaning of “reasonably suspects”
- 6 Meaning of “terrorist act”
- 7 Issuing authorities
- 8 Police officer on whom functions as to preventative detention are imposed
PART 2 -- Preventative detention orders
- 9 Basis for applying for and making preventative detention orders
- 10 Authorising police officers to apply for a preventative detention order
- 11 Application for a preventative detention order
- 12 Procedure for applying for preventative detention order
- 13 Preventative detention orders
- 14 Duration of preventative detention orders
- 15 Multiple preventative detention orders
- 16 No preventative detention order in relation to person under 16 years of age
- 17 Prohibited contact order (person in relation to whom preventative detention order is being sought)
- 18 Prohibited contact order (person in relation to whom preventative detention order is already in force)
- 19 Form and notification of prohibited contact order
- 20 Revocation of preventative detention order or prohibited contact order
- 21 Status of person making preventative detention order
PART 3 -- Review of preventative detention orders
- 22 Review by Supreme Court
- 23 Powers may be exercised while review is in progress
PART 4 -- Carrying out preventative detention orders
- 24 Power to detain person under preventative detention order
- 25 Endorsement of order with date and time person taken into custody or detained
- 26 Exercising powers, general matters
- 27 Personal details of certain people may be obtained
- 28 Power to enter places
- 29 Use of force
- 30 Power to search people
- 31 Warrant under Part III Division 3 of the Australian Security Intelligence Organisation Act 1979
- 32 Release of person from preventative detention
- 33 Arrangement for person to be in detention in a prison or detention centre
- 34 Inspector of Custodial Services to be notified of detention
PART 5 -- Informing person detained about preventative detention order
- 35 Effect of preventative detention order to be explained to person detained
- 36 Compliance with duties to inform
- 37 Copy of preventative detention order and summary of grounds
PART 6 -- Treatment of person in detention
- 38 Application of Part
- 39 Humane treatment of detainee
- 40 Restriction on contact with other people
- 41 Contacting family members and home or work associates
- 42 Contacting proper authorities to make complaints, allegations of serious misconduct and representations
- 43 Contacting lawyer
- 43A Contact with approved religious or spiritual adviser
- 44 Monitoring contact with family members, home or work associates, lawyer or approved religious or spiritual adviser
- 45 Special contact rules for people under 18 or incapable of managing their own affairs
- 46 Disclosure offences
- 47 Detainee not to be questioned while in detention
- 48 Taking identification material
- 49 Use of identification material
- 50 Offences of contravening safeguards
PART 7 -- Miscellaneous
- 51 Commissioner’s functions may be performed by others
- 52 Nature of functions of Magistrate
- 53 Restrictions on publicity about proceedings in Supreme Court
- 54 Quarterly report about preventative detention orders
- 55 Powers of others not affected
- 56 Law relating to legal professional privilege not affected
- 57 Legal proceedings in relation to preventative detention orders
- 58 Regulations
- 59 Review of Act
- 60 Expiry of orders and power to make them
