South Australian Numbered Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 27

27—Release of person from preventative detention

        (1)         The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.

Note—

A person may be released, for example, so that the person may be arrested and otherwise dealt with for a suspected offence.

        (2)         The police officer who releases the person from detention under the preventative detention order must give the person a signed written statement that the person is being released from that detention and identifies the police officer who signs it.

        (3)         Subsection (2) does not apply if the police officer releases the person from detention so that the person may be dealt with—

            (a)         in accordance with a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 ; or

            (b)         for a suspected offence.

        (4)         To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if—

            (a)         the person is informed that he or she is being released from detention under the order; and

            (b)         the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.

        (5)         To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.

Note—

During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, section 34 which deals with the people the person may contact) do not apply to the person.

        (6)         To avoid doubt—

            (a)         the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force; and

            (b)         a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.

Note—

Paragraph (a)—this means that the time for which the person may be detained under the order continues to run while the person is released.