South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 17

17—Review of preventative detention order

        (1)         As soon as practicable after a person (the "subject") is detained under a preventative detention order, the police officer detaining the subject must bring him or her before the Supreme Court for a review of the order.

        (2)         The Supreme Court may, however, relieve the police officer from the obligation to bring the subject before the Court and conduct the review proceedings by audio/videolink or audiolink if satisfied that it is appropriate in the circumstances to do so.

        (3)         On a review the Supreme Court may exercise any of the following powers:

            (a)         it may quash the order and release the subject from detention;

            (b)         it may remit the matter to the issuing authority with a direction to reduce the period of detention under the order, or not to extend the period of detention beyond a specified limitation;

            (c)         it may award compensation against the Crown if satisfied that the subject has been improperly detained;

            (d)         it may give directions about the issue of further preventative detention orders against the subject.



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