Victorian Current Acts Victorian Current Acts(1) An application under section 13C must—
(a) be made in writing; and
(b) set out the facts and other grounds on which the applicant considers that the preventative detention order should be made; and
(c) specify the period for which the applicant is seeking to have the person detained under the order and set out the facts and other grounds on which the applicant considers that the person should be detained for that period; and
(d) set out the information (if any) that the applicant has about the person's age and capacity to manage his or her affairs; and
(e) set out the following—
(i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
(ii) the information (if any) that the applicant has about—
(A) the outcomes and particulars of all previous requests for Commonwealth control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
(B) the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the person;
S. 13D(1)
(e)(ii)(C) amended by No. 32/2018 s. 12(1)(a).
(C) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person;
S. 13D(1)
(e)(iia) inserted by No. 32/2018 s. 12(1)(b).
(iia) set out the information (if any) that the applicant has about any periods for which the person has been detained under Part 2AA; and
(f) set out the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding preventative detention law; and
(g) set out a summary of the grounds on which the applicant considers that the order should be made.
S. 13D(2) substituted by No. 32/2018 s. 12(2).
(2) To avoid doubt, subsection (1)(g) does not require counter-terrorism intelligence to be included in the summary.
(3) If—
(a) a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
(b) the person is taken into custody under the order; and
(c) an application is made for another preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—
the application must also identify the information on which the application is based that became available only after the preventative detention order referred to in paragraph (a) was made.
Note
See section 13K(1).
S. 13D(3A) inserted by No. 32/2018 s. 12(3).
(3A) If—
(a) a police detention decision is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
(b) the person is taken into custody under Part 2AA; and
(c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—
the application must also identify the information on which the application is based that became available only after the police detention decision was made.
Note
See section 13K(1A).
(4) If—
(a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and
(b) the person is taken into custody under that order; and
(c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—
the application must also identify the information on which the application is based that became available only after the order referred to in paragraph (a) was made.
Note
See section 13K(2).
S. 13D(5) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).
(5) The information in the application must be
sworn or affirmed by the applicant.
Note to s. 13D(5) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).
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S. 13D(6) substituted by No. 32/2018 s. 12(4).
(6) An application may only be made without notice of it being given to the person in relation to whom the preventative detention order is being sought if the person is not in detention—
(a) under Part 2AA; or
(b) under an order made under a corresponding preventative detention law.
S. 13D(7) inserted by No. 30/2006 s. 6(1), amended by Nos 32/2018 s. 79(1), 47/2021 s. 22(9).
(7) The applicant must give notice of the application to the Secretary if the person in relation to whom a preventative detention order is being sought is under 18 years of age.
S. 13D(8) inserted by No. 30/2006 s. 6(1).
(8) The validity of an application is not affected by a failure to comply with subsection (7).
S. 13DA inserted by No. 72/2011 s. 47.