26G Applications for preventative detention orders
(1) An application for a
preventative detention order must--
(a) subject to subsection (2), be in
writing and sworn, and
(b) set out the facts and other grounds on which the
police officer considers the order should be made, and
(c) specify the period
for which the person is to be detained under the order and set out the facts
and other grounds on which the police officer considers that the person should
be detained for that period, and
(d) set out the information (if any) that
the applicant has about the person's age, and
(e) set out the following--
(i)
the outcomes and particulars of all previous applications for preventative
detention orders made in relation to the person,
(ii) the information (if
any) that the applicant has about any periods for which the person has been
detained under an order made under a corresponding law,
(iii) the information
(if any) that the applicant has about any control order (including any interim
control order) made in relation to the person under Division 104 of the
Criminal Code of the Commonwealth.
The application must also fully disclose
all relevant matters of which the applicant is aware, both favourable and
adverse to the making of the order.
(2) An application for a preventative
detention order that is required urgently may be made by telephone, fax, email
or other electronic communication. In that case--
(a) the Supreme Court may
make an interim preventative detention order if satisfied it is not
practicable for the applicant to appear before the Court to make the
application, and
(b) the terms of the interim order and related directions
and other matters may be transmitted to the applicant by telephone, fax, email
or other electronic communication, and
(c) a written record relating to the
application and interim order is to be made as soon as practicable by or at
the direction of the Court.
(3) The Supreme Court may refuse to make a
preventative detention order unless the police officer applying for the order
gives the Court any further information that the Court requests concerning the
facts and other grounds on which the police officer considers the order should
be made.
