South Australian Numbered Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 6

6—Basis for applying for, and making, preventative detention orders

        (1)         A police officer may apply for a preventative detention order in relation to a person (the "subject") only if the police officer meets the requirements of subsection (3) or (5).

        (2)         An issuing authority may, on application by a police officer, make a preventative detention order in relation to a person (the "subject") only if the issuing authority meets the requirements of subsection (3) or (5).

        (3)         A police officer or issuing authority meets the requirements of this subsection if the officer or authority—

            (a)         suspects, on reasonable grounds, that the subject—

                  (i)         will engage in a terrorist act; or

                  (ii)         possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

                  (iii)         has done an act in preparation for, or planning, a terrorist act; and

            (b)         is satisfied on reasonable grounds that—

                  (i)         making the order would substantially assist in preventing a terrorist act occurring; and

                  (ii)         detaining the subject for the period for which the subject is to be detained under the order is reasonably necessary for the purposes referred to in subparagraph (i).

        (4)         A terrorist act referred to in subsection (3)—

            (a)         must be one that is imminent; and

            (b)         must be one that is expected to occur, in any event, at some time in the next 14 days.

        (5)         A police officer or issuing authority meets the requirements of this subsection if—

            (a)         a terrorist act has occurred within the last 28 days; and

            (b)         the officer or authority is satisfied on reasonable grounds that—

                  (i)         it is necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and

                  (ii)         detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (i).

        (6)         An issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests concerning the grounds on which the order is sought.