South Australian Numbered Acts South Australian Numbered Acts4—Issuing authorities and limitation on powers
(1) The Minister may,
by writing, appoint a Judge as an issuing authority for preventative detention
orders.
(2) The Minister must
not appoint a Judge as an issuing authority unless—
(a) the
Judge has, by writing, consented to the appointment; and
(b) the
consent is in force.
(3) A
senior police officer is an issuing authority for a preventative detention
order if—
(a)
there is an urgent need for the order; and
(b) it
is not reasonably practicable in the circumstances to have the application for
a preventative detention order dealt with by a Judge.
(4) The powers of a
senior police officer who acts as an issuing authority for preventative
detention orders are limited as follows:
(a) the
senior police officer may only authorise detention up to a maximum period of
detention ending 24 hours after the subject is first taken into custody under
the order;
(b) the
senior police officer may not exercise, in relation to the subject, any other
power conferred on an issuing authority under this Act after the end of the
period limited by paragraph (a) except the power to revoke an order.
(5) The fact that a
preventative detention order has been made or extended by a
senior police officer does not prevent an issuing authority who is a Judge
from exercising any other power conferred on an issuing authority under this
Act:
(a) to
extend the period of detention beyond the period limited by
subsection (4)(a); or
(b) to
deal in any other way with the order or the subject.