South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 19

19—Power to detain person under preventative detention order

        (1)         While a preventative detention order is in force in relation to a person—

            (a)         any police officer may take the person into custody; and

            (b)         any police officer may detain the person.

        (2)         When a preventative detention order is made, the Commissioner of Police must nominate a senior police officer (the "nominated senior police officer ) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

        (3)         The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.

        (4)         The nominated senior police officer must—

            (a)         oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

            (b)         without limiting paragraph (a), ensure that the provisions of section 15 (which deals with the revocation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and

            (c)         receive and consider any representations that are made under subsection (5).

        (5)         The following persons:

            (a)         the subject;

            (b)         a lawyer acting for the subject in relation to the preventative detention order;

            (c)         a person with whom the subject has contact under section 39(2),

are entitled to make representations to the nominated senior police officer in relation to—

            (d)         the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

            (e)         without limiting paragraph (a), compliance with the provisions of section 15 (which deals with the revocation of preventative detention orders and prohibited contact orders) in relation to the preventative detention order; and

            (f)         the subject's treatment in connection with the subject's detention under the preventative detention order.



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