South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 12

12—Extension of preventative detention order

        (1)         If—

            (a)         a preventative detention order is made in relation to a person; and

            (b)         the order is in force in relation to the person,

a police officer may apply to an issuing authority for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.

        (2)         The application must—

            (a)         be made in writing; and

            (b)         set out the facts and other grounds on which the police officer considers that the extension, or further extension, is reasonably necessary for the purposes for which the order was made; and

            (c)         set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.

Note—

Paragraph (b)—see section 6(3) and (5) for the purpose for which a preventative detention order may be made.

        (3)         The information in the application must be sworn or affirmed by the police officer.

        (4)         The issuing authority may extend, or further extend, the period for which the order is to be in force in relation to the person if the issuing authority is satisfied, on reasonable grounds, that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.

        (5)         The extension, or further extension, must be made in writing.

        (6)         The period as extended, or further extended, must end—

            (a)         if the issuing authority granting the extension, or further extension, is a senior police officer—no later than 24 hours after the person is first taken into custody under the order;

            (b)         if the issuing authority granting the extension, or further extension, is a Judge—no later than 14 days after the person is first taken into custody under the order.



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