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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13K

Restrictions on multiple preventative detention orders

    (1)     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 being detained under that order—

another preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the preventative detention order referred to in paragraph (a) was made.

S. 13K(1A) inserted by No. 32/2018 s. 18.

    (1A)     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 being detained under Part 2AA—

a preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the police detention decision was made.

    (2)     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 being detained under that order—

a preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the order referred to in paragraph (a) was made.

S. 13KA inserted by No. 5/2006 s. 4.



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