South Australian Numbered Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 13

13—Prohibited contact order (person in relation to whom preventative detention order is being sought)

        (1)         A police officer who applies to an issuing authority for a preventative detention order in relation to a person (the "subject") may also apply for a prohibited contact order in relation to the subject’s detention under the preventative detention order.

        (2)         The application must set out—

            (a)         the terms of the order sought; and

            (b)         the facts and other grounds on which the police officer considers that the order should be made.

        (3)         The information in the application for the prohibited contact order must be sworn or affirmed by the police officer but, in a case of urgency, the issuing authority may make the prohibited contact order on the police officer undertaking to swear or affirm the information as soon as practicable after the order is made.

        (4)         If the issuing authority—

            (a)         makes the preventative detention order; and

            (b)         is satisfied, on reasonable grounds, that making the prohibited contact order will assist in achieving the purpose of the preventative detention order,

the issuing authority may make a prohibited contact order that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.

Note—

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

        (5)         The prohibited contact order must be in writing.