TERRORISM (POLICE POWERS) ACT 2002 - SECT 26K
Maximum period of detention and multiple preventative detention orders
TERRORISM (POLICE POWERS) ACT 2002 - SECT 26K
Maximum period of detention and multiple preventative detention orders
26K Maximum period of detention and multiple preventative detention orders
(1) In this section--
"related order" , in relation to a person, means an interim preventative
detention order, another preventative detention order or an order under a
corresponding law that is made against the person.
(2) The maximum period for
which a person may be detained under a preventative detention order (other
than an interim order) is 14 days. That maximum period is reduced by any
period of actual detention under a related order against the person in
relation to the same terrorist act.
Note : Under section 26L an interim order
expires 48 hours after the person is first taken into custody under the order
if the application for the order has not been heard and finally determined by
that time.
(3) Despite subsection (2), the maximum period for which a person
may be detained under a preventative detention order made on the basis of
preserving evidence of, or relating to, a terrorist act that has occurred is
not to be reduced by any period for which the person is detained under a
preventative detention order or related order made on the basis of preventing
a terrorist act.
(4) Subject to subsection (5), more than one preventative
detention order may be made in relation to the same terrorist act (whether or
not against the same person).
(5) Not more than one interim preventative
detention order may be made against the same person in relation to the same
terrorist act. This subsection does not prevent--
(a) an extension of an
interim order under section 26H (5), or
(b) the making of another interim
order following a further application for an order.
(6) A preventative
detention order can be made against a person to take effect on the expiration
of detention under a related order against the person.
Note : This Division
does not authorise the extension of the period of an order. However, if the
initial order does not authorise detention for the maximum period of detention
in respect of the same terrorist act that is authorised by this section,
further orders may be applied for and made (so long as that maximum period is
not exceeded in respect of the total period of those orders).
