Criminal Code Act 1995
Insert:
(a) a member of the Australian Federal Police (within the meaning of the
Australian Federal Police Act 1979 ); or
(b) a special member of the Australian Federal Police (within the meaning
of that Act).
Insert:
Insert:
Insert:
Insert:
Insert:
(a) a search of a person conducted by quickly running the hands over the
person's outer garments; and
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person.
Insert:
Insert:
Insert:
Insert:
(a) for initial preventative detention ordersmeans a senior AFP member;
and
(b) for continued preventative detention ordersmeans a person
appointed under section 105.2.
Insert:
(a) the Federal Court of Australia; or
(b) the Family Court of Australia; or
(c) the Federal Magistrates Court.
Insert:
Insert:
Insert:
Insert:
(a) requiring the person to remove his or her overcoat, coat or jacket and any
gloves, shoes or hat; and
(b) an examination of those items.
Insert:
(a) an AFP member; or
(b) a member (however described) of a police force of a State or
Territory.
Insert:
Insert:
Insert:
Insert:
(a) would present a danger to a person; or
(b) could be used to assist a person to escape from lawful custody; or
(c) could be used to contact another person or to operate a device
remotely.
Insert:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP member of, or above, the rank of Superintendent.
Insert:
(a) the High Court; or
(b) the Federal Court of Australia; or
(c) the Family Court of Australia or of a State; or
(d) the Supreme Court of a State or Territory; or
(e) the District Court (or equivalent) of a State or Territory.
Insert:
Insert:
(a) considers on reasonable grounds that the order in the terms to be
requested would substantially assist in preventing a terrorist act; or
(b) suspects on reasonable grounds that the person has provided training
to, or received training from, a listed terrorist organisation.
(a) a draft of the interim control order to be requested; and
(b) the following:
(i) a statement of the facts relating to why the order should be made;
(ii) if the member is aware of any facts relating to why the order should
not be madea statement of those facts; and
(c) the following:
(i) an explanation as to why each of the obligations, prohibitions and
restrictions should be imposed on the person;
(ii) if the member is aware of any facts relating to why any of those
obligations, prohibitions or restrictions should not be imposed on the
persona statement of those facts; and
(d) the following:
(i) the outcomes and particulars of all previous requests for interim
control orders (including the outcomes of the hearings to confirm the
orders) in relation to the person;
(ii) the outcomes and particulars of all previous applications for
variations of control orders made in relation to the person;
(iii) the outcomes of all previous applications for revocations of control
orders made in relation to the person;
(iv) the outcomes and particulars of all previous applications for
preventative detention orders in relation to the person;
(v) information (if any) that the member has about any periods for which
the person has been detained under an order made under a corresponding
State preventative detention law; and
(e) information (if any) that the member has about the person's age; and
(f) a summary of the grounds on which the order should be made.
Note 2: The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2).
(a) a request:
(i) that is the same as the draft request, except for the changes (if any)
required by the Attorney-General; and
(ii) the information in which is sworn or affirmed by the member; and
(b) a copy of the Attorney-General's consent.
(a) the senior AFP member has requested it in accordance with
section 104.3; and
(b) the court has received and considered such further information (if
any) as the court requires; and
(c) the court is satisfied on the balance of probabilities:
(i) that making the order would substantially assist in preventing a
terrorist act; or
(ii) that the person has provided training to, or received training from, a
listed terrorist organisation; and
(d) the court is satisfied on the balance of probabilities that each of
the obligations, prohibitions and restrictions to be imposed on the
person by the order is reasonably necessary, and reasonably
appropriate and adapted, for the purpose of protecting the public from
a terrorist act.
(a) state that the court is satisfied of the matters mentioned in paragraphs
104.4(1)(c) and (d); and
(b) specify the name of the person to whom the order relates; and
(c) specify all of the obligations, prohibitions and restrictions
mentioned in subsection (3) that are to be imposed on the person
by the order; and
(d) state that the order does not begin to be in force until it is served
personally on the person; and
(e) specify a day on which the person may attend the court for the court
to:
(i) confirm (with or without variation) the interim control order; or
(ii) declare the interim control order to be void; or
(iii) revoke the interim control order; and
(f) specify the period during which the confirmed control order is to be
in force, which must not end more than 12 months after the day on
which the interim control order is made; and
(g) state that the person's lawyer may attend a specified place in order
to obtain a copy of the interim control order; and
(h) set out a summary of the grounds on which the order is made.
Note 2: A confirmed control order that is made in relation to a 16- to 18-year-old must not end more than 3 months after the day on which the interim control order is made (see section 104.28).
Obligations, prohibitions and restrictions
(a) a prohibition or restriction on the person being at specified areas or
places;
(b) a prohibition or restriction on the person leaving Australia;
(c) a requirement that the person remain at specified premises between
specified times each day, or on specified days;
(d) a requirement that the person wear a tracking device;
(e) a prohibition or restriction on the person communicating or
associating with specified individuals;
(f) a prohibition or restriction on the person accessing or using
specified forms of telecommunication or other technology (including
the Internet);
(g) a prohibition or restriction on the person possessing or using
specified articles or substances;
(h) a prohibition or restriction on the person carrying out specified
activities (including in respect of his or her work or occupation);
(i) a requirement that the person report to specified persons at specified
times and places;
(j) a requirement that the person allow himself or herself to be
photographed;
(k) a requirement that the person allow impressions of his or her
fingerprints to be taken;
(l) a requirement that the person participate in specified counselling or
education.
Communicating and associating
Counselling and education
(a) the member considers it necessary to use such means because of urgent
circumstances; and
(b) the member either considers or suspects the matters mentioned in
subsection 104.2(2) on reasonable grounds.
(a) all that is required under subsection 104.2(3) in respect of an ordinary
request for an interim control order (including, if the Attorney-General's
consent has been obtained before making the request, the changes (if any)
required by the Attorney-General);
(b) an explanation as to why the making of the interim control order is
urgent;
(c) if the Attorney-General's consent has been obtained before making the
requesta copy of the Attorney-General's consent.
(a) consider the information and the explanation included in the request; and
(b) receive and consider such further information (if any) as the court
requires.
Procedure after urgent interim control order is made
(a) the terms of the order; and
(b) the day on which, and the time at which, it was completed.
(a) the name of the court; and
(b) the day on which, and the time at which, the order was completed.
(a) the form of order completed by the member;
(b) if the information and the explanation included in the request were
not already sworn or affirmedthat information and explanation
duly sworn or affirmed;
(c) if the Attorney-General's consent was not obtained before making the
requesta copy of the Attorney-General's consent.
(a) the member considers it necessary to request the order without the consent
because of urgent circumstances; and
(b) the member either considers or suspects the matters mentioned in
subsection 104.2(2) on reasonable grounds.
(a) all that is required under subsection 104.2(3) in respect of an ordinary
request for an interim control order (including information that is sworn or
affirmed by the member);
(b) an explanation that is sworn or affirmed as to why the making of the
interim control order without first obtaining the Attorney-General's
consent is urgent.
(a) consider the information and the explanation included in the request; and
(b) receive and consider such further information (if any) as the court
requires.
(a) give or transmit a copy of the order to the issuing court; and
(b) either:
(i) give or transmit a copy of the Attorney-General's consent to request
the order to the court; or
(ii) notify the court in writing that the Attorney-General's consent was
not obtained.
(a) refuses his or her consent to request the order; or
(b) has not given his or her consent to request the order;
within 4 hours of the request being made, the order immediately ceases to be in force.
(a) notify the court that the order has ceased to be in force; and
(b) if the order has been served on the person in relation to whom it was
made:
(i) annotate the order to indicate that it has ceased to be in force; and
(ii) cause the annotated order to be served personally on the person.
(a) it is material, in any proceedings, for a court to be satisfied that an
interim control order was duly made under section 104.7; and
(b) the form of order completed by the relevant issuing court is not
produced in evidence;
the first-mentioned court is to assume, unless the contrary is proved, that the order was not duly made.
Service and explanation of an interim control order
(a) must serve the order personally on the person; and
(b) must inform the person of the following:
(i) the effect of the order;
(ii) the period for which the order (if confirmed) is in force;
(iii) the effect of sections 104.12A, 104.13, 104.14, 104.18 and
104.27 (and section 104.22 if appropriate); and
(c) must ensure that the person understands the information provided under
paragraph (b) (taking into account the person's age, language
skills, mental capacity and any other relevant factor).
Queensland public interest monitor to be given copy of interim control order
(a) the person in relation to whom the interim control order is made is a
resident of Queensland; or
(b) the issuing court that made the interim control order did so in
Queensland;
an AFP member must give to the Queensland public interest monitor a copy of the order.
(a) elect whether to confirm the order on the specified day; and
(b) give a written notification to the issuing court that made the order
of the member's election.
(a) serve personally on the person in relation to whom the order is made:
(i) a copy of the notification; and
(ii) a copy of the documents mentioned in paragraphs 104.2(3)(b) and (c);
and
(iii) any other details required to enable the person to understand and
respond to the substance of the facts, matters and circumstances which
will form the basis of the confirmation of the order; and
(b) if the person is a resident of Queensland, or the court made the order
in Queenslandgive the Queensland public interest monitor a copy
of the documents mentioned in paragraph (a).
(a) to prejudice national security (within the meaning of the National
Security Information (Criminal and Civil Proceedings) Act 2004 ); or
(b) to be protected by public interest immunity; or
(c) to put at risk ongoing operations by law enforcement agencies or
intelligence agencies; or
(d) to put at risk the safety of the community, law enforcement officers
or intelligence officers.
The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.
(a) the order immediately ceases to be in force; and
(b) an AFP member must:
(i) annotate the order to indicate that it has ceased to be in force; and
(ii) cause the annotated order and a copy of the notification to be served
personally on the person; and
(iii) if the person is a resident of Queensland, or the court made the
order in Queenslandgive the Queensland public interest monitor a
copy of the annotated order and the notification.
(a) require more than one person to give the lawyer a copy of the order; or
(b) entitle the lawyer to request, be given a copy of, or see, a document
other than the order.
Who may adduce evidence or make submissions
(a) the senior AFP member who requested the interim control order;
(b) one or more other AFP members;
(c) the person in relation to whom the interim control order is made;
(d) one or more representatives of the person;
(e) if:
(i) the person is a resident of Queensland; or
(ii) the court made the interim control order in Queensland;
the Queensland public interest monitor (unless the monitor is already a
representative of the person).
(a) the original request for the interim control order; and
(b) any evidence adduced, and any submissions made, under
subsection (1) in respect of the order.
Failure of person or representative etc. to attend
(a) none of the following persons attend the court on the specified day:
(i) the person in relation to whom the order is made;
(ii) a representative of the person;
(iii) if the person is a resident of Queensland, or the court made the
order in Queenslandthe Queensland public interest monitor; and
(b) the court is satisfied on the balance of probabilities that the order
was properly served on the person in relation to whom the order is
made.
Attendance of person or representative etc.
(a) the person in relation to whom the order is made;
(b) a representative of the person;
(c) if the person is a resident of Queensland, or the court made the order
in Queenslandthe Queensland public interest monitor.
(a) revoke the order if, at the time of confirming the order, the court is not
satisfied as mentioned in paragraph 104.4(1)(c); or
(b) confirm and vary the order by removing one or more obligations,
prohibitions or restrictions if, at the time of confirming the order,
the court is satisfied as mentioned in paragraph 104.4(1)(c) but is
not satisfied as mentioned in paragraph 104.4(1)(d); or
(c) confirm the order without variation if, at the time of confirming the
order, the court is satisfied as mentioned in paragraphs 104.4(1)(c)
and (d).
(a) the interim control order ceases to be in force; and
(b) the confirmed control order begins to be in force;
when the court makes a corresponding order under section 104.16.
(a) states that the court is satisfied of the matters mentioned in paragraphs
104.4(1)(c) and (d); and
(b) specifies the name of the person to whom the order relates; and
(c) specifies all of the obligations, prohibitions and restrictions
mentioned in subsection 104.5(3) that are to be imposed on the person
by the order; and
(d) specifies the period during which the order is to be in force, which
must not end more than 12 months after the day on which the interim
control order was made; and
(e) states that the person's lawyer may attend a specified place in order
to obtain a copy of the confirmed control order.
(a) the Commissioner of the Australian Federal Police;
(b) if:
(i) the person in relation to whom the order is made is a resident of
Queensland; or
(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.
(a) the Commissioner;
(b) one or more other AFP members;
(c) the person in relation to whom the order is made;
(d) one or more representatives of the person;
(e) if paragraph (3)(b) appliesthe Queensland public interest
monitor (unless the monitor is a representative of the person).
(a) to revoke the order, under section 104.20, if the Commissioner is
satisfied that the grounds on which the order was confirmed have ceased to
exist; and
(b) to vary the order, under that section, by removing one or more
obligations, prohibitions or restrictions, if the Commissioner is
satisfied that those obligations, prohibitions or restrictions should
no longer be imposed on the person.
(a) the person in relation to whom the order is made;
(b) if:
(i) the person in relation to whom the order is made is a resident of
Queensland; or
(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.
(a) the Commissioner;
(b) one or more other AFP members;
(c) the person in relation to whom the order is made;
(d) one or more representatives of the person;
(e) if paragraph (2)(b) appliesthe Queensland public interest
monitor (unless the monitor is a representative of the person).
(a) revoke the order if, at the time of considering the application, the court
is not satisfied as mentioned in paragraph 104.4(1)(c); or
(b) vary the order by removing one or more obligations, prohibitions or
restrictions if, at the time of considering the application, the court
is satisfied as mentioned in paragraph 104.4(1)(c) but is not
satisfied as mentioned in paragraph 104.4(1)(d); or
(c) dismiss the application if, at the time of considering the
application, the court is satisfied as mentioned in paragraphs
104.4(1)(c) and (d).
(a) require more than one person to give the lawyer a copy of the order; or
(b) entitle the lawyer to request, be given a copy of, or see, a document
other than the order.
(a) a period of 12 months elapses after the control order ceases to be in
force; and
(b) proceedings in respect of the control order have not been brought, or
have been brought and discontinued or completed, within that period;
the photograph or the impression must be destroyed as soon as practicable after the end of that period.
(a) the person engages in conduct; and
(b) the conduct contravenes subsection (1).
Penalty: Imprisonment for 2 years.
(a) a copy of the additional obligations, prohibitions and restrictions to be
imposed on the person by the order; and
(b) the following:
(i) an explanation as to why each of those obligations, prohibitions and
restrictions should be imposed on the person; and
(ii) if the Commissioner is aware of any facts relating to why any of those
obligations, prohibitions or restrictions should not be imposed on the
persona statement of those facts; and
(c) the outcomes and particulars of all previous applications under this
section for variations of the order; and
(d) information (if any) that the Commissioner has about the person's age.
Note 2: An offence might be committed if the application is false or misleading (see sections 137.1 and 137.2).
(a) written notice of the application and the grounds on which the variation
is sought; and
(b) a copy of the documents mentioned in paragraph (2)(b); and
(c) any other details required to enable the person in relation to whom
the order is made to understand and respond to the substance of the
facts, matters and circumstances which will form the basis of the
variation of the order;
to be given to the following persons:
(d)
the person in relation to whom the order is made;
(e) if the person is a resident of Queensland, or the court will hear the
application in Queenslandthe Queensland public interest monitor.
(a) to prejudice national security (within the meaning of the National
Security Information (Criminal and Civil Proceedings) Act 2004 ); or
(b) to be protected by public interest immunity; or
(c) to put at risk ongoing operations by law enforcement agencies or
intelligence agencies; or
(d) to put at risk the safety of the community, law enforcement officers
or intelligence officers.
The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.
(a) the Commissioner;
(b) one or more other AFP members;
(c) the person in relation to whom the order is made;
(d) one or more representatives of the person;
(e) if paragraph (3)(b) appliesthe Queensland public interest
monitor (unless the monitor is a representative of the person).
(a) an application has been made in accordance with section 104.23; and
(b) the court is satisfied on the balance of probabilities that each of
the additional obligations, prohibitions and restrictions to be
imposed on the person by the order is reasonably necessary, and
reasonably appropriate and adapted, for the purpose of protecting the
public from a terrorist act.
(a) a statement that the court is satisfied of the matter mentioned in
paragraph 104.24(1)(b); and
(b) the additional obligations, prohibitions and restrictions that are to
be imposed on the person by the varied order; and
(c) a statement that the variation of the order does not begin to be in
force until the varied order is served personally on the person; and
(d) a statement that the person's lawyer may attend a specified place in
order to obtain a copy of the varied order.
(a) must serve the varied order personally on the person; and
(b) must inform the person that the order has been varied to impose
additional obligations, prohibitions and restrictions; and
(c) must inform the person of the following:
(i) the effect of the additional obligations, prohibitions and
restrictions;
(ii) the effect of sections 104.18, 104.21 and 104.27 (and
section 104.22 if appropriate); and
(d) must ensure that the person understands the information provided under
paragraph (c) (taking into account the person's age, language
skills, mental capacity and any other relevant factor).
(a) a control order is in force in relation to the person; and
(b) the person contravenes the order.
Penalty: Imprisonment for 5 years.
Rule for persons under 16
Rule for persons who are at least 16 but under 18
(a) proceedings in relation to the confirmation under section 104.14 of
an interim control order;
(b) proceedings in relation to an application under section 104.18,
104.19 or 104.23 to revoke or vary a confirmed control order.
(a) the number of interim control orders made under:
(i) section 104.4; and
(ii) section 104.7; and
(iii) section 104.9;
(aa) the number of interim control orders in respect of which an election
was made under section 104.12A not to confirm the order;
(b) the number of control orders confirmed under section 104.14;
(c) the number of control orders declared to be void under
section 104.14;
(d) the number of control orders revoked under sections 104.14 and
104.20;
(e) the number of control orders varied under sections 104.14, 104.20
and 104.24;
(f) particulars of any complaints relating to control orders made or
referred to:
(i) the Commonwealth Ombudsman; or
(ii) the Internal Investigation Division of the Australian Federal Police.
(a) the Attorney-General to be notified in writing if:
(i) a control order is declared to be void under section 104.14; or
(ii) a control order is revoked under section 104.14 or 104.20; or
(iii) a control order is varied under section 104.14, 104.20 or
104.24; and
(b) the Attorney-General to be given a copy of the varied order (if
appropriate).
(a) prevent an imminent terrorist act occurring; or
(b) preserve evidence of, or relating to, a recent terrorist act.
(a) a person who is a judge of a State or Territory Supreme Court; or
(b) a person who is a Judge; or
(c) a person who is a Federal Magistrate; or
(d) a person who:
(i) has served as a judge in one or more superior courts for a period of 5
years; and
(ii) no longer holds a commission as a judge of a superior court; or
(e) a person who:
(i) holds an appointment to the Administrative Appeals Tribunal as
President or Deputy President; and
(ii) is enrolled as a legal practitioner of a federal court or of the
Supreme Court of a State or Territory; and
(iii) has been enrolled for at least 5 years.
(a) the person has, by writing, consented to being appointed; and
(b) the consent is in force.
(a) a number of police officers are detaining, or involved in the detention
of, a person under a preventative detention order at a particular time; and
(b) an obligation is expressed in this Division to be imposed on the
police officer detaining the person;
the obligation is imposed at that time on:
(c) if those police officers include only one AFP
memberthat AFP member; or
(d) if those police officers include 2 or more AFP membersthe most
senior of those AFP members; or
(e) if those police officers do not include an AFP memberthe most
senior of those police officers.
(a) there are reasonable grounds to suspect 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) making the order would substantially assist in preventing a terrorist
act occurring; and
(c) 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 paragraph (b).
(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.
(a) a terrorist act has occurred within the last 28 days; and
(b) it is necessary to detain the subject to preserve evidence of, or
relating to, the terrorist act; and
(c) 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 paragraph (b).
(a) a person is being detained under a preventative detention order or a
purported preventative detention order; and
(b) the police officer who is detaining the person is satisfied on
reasonable grounds that the person is under 16 years of age;
the police officer must:
(c) if the police officer is an AFP
memberrelease the person, as soon as practicable, from detention
under the order or purported order; or
(d) if the police officer is not an AFP memberinform a senior AFP
member, as soon as practicable, of the police officer's reasons for
being satisfied that the person is under 16 years of age.
(a) a senior AFP member is informed by a police officer under
paragraph (2)(d); and
(b) the senior AFP member is satisfied on reasonable grounds that the
person being detained is under 16 years of age;
the senior AFP member must arrange to have the person released, as soon as practicable, from detention under the order or purported order.
(a) the police officer has an obligation under subsection 105.31(3) to arrange
for the assistance of an interpreter in informing the person about:
(i) the effect of the order or any extension, or further extension, of the
order; and
(ii) the person's rights in relation to the order; and
(b) the police officer has an obligation under subsection 105.37(3A) to
give the person reasonable assistance to:
(i) choose a lawyer to act for the person in relation to the order; and
(ii) contact the lawyer.
Preventative detention orders under this Division
(a) an initial 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;
another initial preventative detention order cannot be applied for, or made, in relation to the person on the basis of assisting in preventing the same terrorist act occurring within that period.
(a) an initial 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;
another initial preventative detention order cannot be applied for, or made, 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 to be put before an issuing authority only after the initial preventative detention order referred to in paragraph (a) was made.
(a) an initial preventative detention order is made in relation to a person on
the basis of preserving evidence of, or relating to, a terrorist act; and
(b) the person is taken into custody under the order;
another initial preventative detention order cannot be applied for, or made, in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act.
Detention orders under corresponding State preventative detention laws
(a) an order for a person's detention is made under a corresponding State
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;
an initial preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing the same terrorist act occurring within that period.
(a) an order for a person's detention is made under a corresponding State
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;
an initial 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 to be put before an issuing authority only after the order referred to in paragraph (a) was made.
(a) an order for a person's detention is made under a corresponding State
preventative detention law on the basis of preserving evidence of, or relating
to, a terrorist act; and
(b) the person is taken into custody under that order;
an initial preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act.
Note 2: For the definition of senior AFP member , see subsection 100.1(1).
(a) be made in writing; and
(b) set out the facts and other grounds on which the AFP member considers
that the order should be made; and
(c) specify the period for which the person is to be detained under the
order and set out the facts and other grounds on which the AFP member
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
(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 outcomes and particulars of all previous requests for interim
control orders (including the outcomes of the hearings to confirm the
orders) in relation to the person;
(iii) the outcomes and particulars of all previous applications for
variations of control orders made in relation to the person;
(iv) the outcomes of all previous applications for revocations of control
orders made in relation to the person; 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 State preventative detention law; and
(g) set out a summary of the grounds on which the AFP member considers
that the order should be made.
(a) an initial 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 initial 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 to be put before an issuing authority only after the initial preventative detention order referred to in paragraph (a) was made.
(a) an order for a person's detention is made under a corresponding State
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 an initial 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 to be put before an issuing authority only after the order referred to in paragraph (a) was made.
Note 2: For the definition of senior AFP member , see subsection 100.1(1).
(a) taken into custody; and
(b) detained during the period that:
(i) starts when the person is first taken into custody under the order;
and
(ii) ends a specified period of time after the person is first taken into
custody under the order.
(a) the name of the person in relation to whom it is made; and
(b) the period during which the person may be detained under the order;
and
(c) the date on which, and the time at which, the order is made; and
(d) the date and time after which the person may not be taken into custody
under the order; and
(e) a summary of the grounds on which the order is made.
(a) under 18 years of age; or
(b) incapable of managing his or her affairs;
the order may provide that the period each day for which the person is entitled to have contact with another person under subsection 105.39(2) is the period of more than 2 hours that is specified in the order.
(a) notify the Commonwealth Ombudsman in writing of the making of the order;
and
(b) give the Commonwealth Ombudsman a copy of the order; and
(c) if the person in relation to whom the order is made is taken into
custody under the ordernotify the Commonwealth Ombudsman in
writing that the person has been taken into custody under the order.
(a) the end of:
(i) the period specified in the order as the period during which the
person may be detained under the order; or
(ii) if that period is extended or further extended under
section 105.10that period as extended or further extended;
(b) the revocation of the order under section 105.17.
Note 2: An AFP member may apply under section 105.11 for a continued preventative detention order in relation to the person to allow the person to continue to be detained for up to 48 hours after the person is first taken into custody under the initial preventative detention order.
(a) an initial preventative detention order is made in relation to a person;
and
(b) the order is in force in relation to the person;
an AFP member may apply to an issuing authority for initial preventative detention orders for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.
(a) be made in writing; and
(b) set out the facts and other grounds on which the AFP member considers
that the extension, or further extension, is reasonably necessary for
the purpose for which the order was made; and
(c) set out the outcomes and particulars of all previous applications for
extensions, or further extensions, of the order.
(a) notify the person of the proposed application; and
(b) inform the person that, when the proposed application is made, any
material that the person gives the AFP member in relation to the
proposed application will be put before the issuing authority for
continued preventative detention orders to whom the application is
made.
(a) be made in writing; and
(b) set out the facts and other grounds on which the AFP member considers
that the order should be made; and
(c) specify the period for which the person is to continue to be detained
under the order and set out the facts and other grounds on which the
AFP member considers that the person should continue to be detained
for that period; and
(d) set out the information (if any) that the applicant has about the
person's age; 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 outcomes and particulars of all previous requests for interim
control orders (including the outcomes of the hearings to confirm the
orders) in relation to the person;
(iii) the outcomes and particulars of all previous applications for
variations of control orders made in relation to the person;
(iv) the outcomes of all previous applications for revocations of control
orders made in relation to the person; 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 State preventative detention law; and
(g) set out a summary of the grounds on which the AFP member considers
that the order should be made.
(a) an initial preventative detention order is in force in relation to the
person; and
(b) the person has been taken into custody under the order (whether or not
the person is being detained under the order).
(a) starts at the end of the period during which the person may be detained
under the initial preventative detention order; and
(b) ends a specified period of time after the person is first taken into
custody under the initial preventative detention order.
(a) the name of the person in relation to whom it is made; and
(b) the further period during which the person may be detained under the
order; and
(c) the date on which, and the time at which, the order is made; and
(d) a summary of the grounds on which the order is made.
(a) under 18 years of age; or
(b) incapable of managing his or her affairs;
the order may provide that the period each day for which the person is entitled to have contact with another person under subsection 105.39(2) is the period of more than 2 hours that is specified in the order.
(a) notify the Commonwealth Ombudsman in writing of the making of the order;
and
(b) give the Commonwealth Ombudsman a copy of the order.
(a) the end of:
(i) the period specified in the order as the further period during which
the person may be detained; or
(ii) if that period is extended or further extended under
section 105.14that period as extended or further extended;
(b) the revocation of the order under section 105.17.
(a) an initial preventative detention order is made in relation to a person;
and
(b) a continued preventative detention order is made in relation to the
person in relation to that initial preventative detention order; and
(c) the continued preventative detention order is in force in relation to
the person;
an AFP member may apply to an issuing authority for continued preventative detention orders for an extension, or a further extension, of the period for which the continued preventative detention order is to be in force in relation to the person.
(a) be made in writing; and
(b) set out the facts and other grounds on which the AFP member considers
that the extension, or further extension, is reasonably necessary for
the purpose for which the order was made; and
(c) set out the outcomes and particulars of all previous applications for
extensions, or further extensions, of the continued preventative
detention order.
(a) to avoid a risk to action being taken to prevent a terrorist act
occurring; or
(b) to prevent serious harm to a person; or
(c) to preserve evidence of, or relating to, a terrorist act; or
(d) to prevent interference with the gathering of information about:
(i) a terrorist act; or
(ii) the preparation for, or the planning of, a terrorist act; or
(e) to avoid a risk to:
(i) the arrest of a person who is suspected of having committed an offence
against this Part; or
(ii) the taking into custody of a person in relation to whom a preventative
detention order is in force, or in relation to whom a preventative
detention order is likely to be made; or
(iii) the service on a person of a control order.
(a) the terms of the order sought; and
(b) the facts and other grounds on which the AFP member considers that the
order should be made.
(a) notify the Commonwealth Ombudsman in writing of the making of the
prohibited contact order; and
(b) give the Commonwealth Ombudsman a copy of the prohibited contact
order.
(a) the terms of the order sought; and
(b) the facts and other grounds on which the AFP member considers that the
order should be made.
(a) notify the Commonwealth Ombudsman in writing of the making of the
prohibited contact order; and
(b) give the Commonwealth Ombudsman a copy of the prohibited contact
order.
Preventative detention order
(a) a preventative detention order is in force in relation to a person; and
(b) the police officer who is detaining the person under the order is
satisfied that the grounds on which the order was made have ceased to
exist;
the police officer must:
(c) if the police officer is an AFP
memberapply to an issuing authority for preventative detention
orders of that kind for the revocation of the order; or
(d) if the police officer is not an AFP memberinform a senior AFP
member of the police officer's reasons for being satisfied that the
grounds on which the order was made have ceased to exist.
(a) a senior AFP member is informed by a police officer under
paragraph (1)(d); and
(b) the senior AFP member is satisfied that the grounds on which the
preventative detention order was made have ceased to exist;
the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the order.
(a) a preventative detention order is in force in relation to a person; and
(b) an issuing authority for preventative detention orders of that kind is
satisfied, on application by an AFP member, that the grounds on which
the order was made have ceased to exist;
the issuing authority must revoke the order.
Prohibited contact order
(a) a prohibited contact order is in force in relation to a person's detention
under a preventative detention order; and
(b) the police officer who is detaining the person under the preventative
detention order is satisfied that the grounds on which the prohibited
contact order was made have ceased to exist;
the police officer must:
(c) if the police officer is an AFP memberapply to an issuing
authority for preventative detention orders of that kind for the
revocation of the prohibited contact order; or
(d) if the police officer is not an AFP memberinform a senior AFP
member of the police officer's reasons for being satisfied that the
grounds on which the prohibited contact order was made have ceased to
exist.
(a) a senior AFP member is informed by a police officer under
paragraph (4)(d); and
(b) the senior AFP member is satisfied that the grounds on which the
prohibited contact order was made in relation to the person's
detention under the preventative detention order have ceased to exist;
the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the prohibited contact order.
(a) a prohibited contact order is in force in relation to a person's detention
under a preventative detention order; and
(b) an issuing authority for preventative detention orders of that kind is
satisfied, on application by an AFP member, that the grounds on which
the prohibited contact order was made have ceased to exist;
the issuing authority must revoke the prohibited contact order.
Detainee's right to make representations about revocation of preventative detention order
(a) a continued preventative detention order; or
(b) a prohibited contact order in relation to a person's detention under a
continued preventative detention order;
has, in the performance of his or her duties under this Subdivision, the same protection and immunity as a Justice of the High Court.
(a) making or revoking a continued preventative detention order; or
(b) extending, or further extending, the period for which a continued
preventative detention order is to be in force; or
(c) making or revoking a prohibited contact order in relation to a
person's detention under a continued preventative detention order;
that is conferred on a judge, a Federal Magistrate or a member of the Administrative Appeals Tribunal is conferred on the judge, Federal Magistrate or member of the Administrative Appeals Tribunal in a personal capacity and not as a court or a member of a court.
General powers given by preventative detention order
(a) any police officer may take the person into custody; and
(b) any police officer may detain the person.
(a) if the police officer is an AFP memberan offence against a law of
the Commonwealth; or
(b) if the police officer is not an AFP memberan offence against a
law of the State or Territory of whose police force the police officer
is a member.
Nominated senior AFP member
(a) oversee the exercise of powers under, and the performance of obligations
in relation to, the preventative detention order; and
(b) without limiting paragraph (a), ensure that the provisions of
section 105.17 (which deals with revocation of preventative
detention orders and prohibited contact orders) are complied with in
relation to the preventative detention order; and
(c) receive and consider any representations that are made under
subsection (8).
(a) the person being detained under the preventative detention order;
(b) a lawyer acting for that person in relation to the preventative
detention order;
(c) a person with whom that person has contact under subsection 105.39(2);
are entitled to make representations to the nominated senior AFP member in relation to:
(d) the exercise of powers under, and the
performance of obligations in relation to, the preventative detention
order; and
(e) without limiting paragraph (a), compliance with the provisions of
section 105.17 (which deals with revocation of preventative
detention orders and prohibited contact orders) in relation to the
preventative detention order; and
(f) the person's treatment in connection with the person's detention under
the preventative detention order.
(a) makes a request of a person under subsection (1); and
(b) informs the person of the reason for the request; and
(c) if the police officer is not in uniformshows the person evidence
that the police officer is a police officer; and
(d) complies with subsection (4) if the person makes a request under
that subsection;
the person must not:
(e) refuse or fail to comply
with the request; or
(f) give a name or address that is false in a material particular.
Penalty: 20 penalty units.
(a) his or her name;
(b) the address of his or her place of duty;
(c) his or her identification number if he or she has an identification
number;
(d) his or her rank if he or she does not have an identification number;
the police officer must not:
(e) refuse or fail to comply with the
request; or
(f) give a name, address, number or rank that is false in a material
particular.
Penalty: 5 penalty units.
(a) a preventative detention order is in force in relation to a person; and
(b) a police officer believes on reasonable grounds that the person is on
any premises;
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.
(a) it would not be practicable to take the person into custody, either at the
dwelling house or elsewhere, at another time; or
(b) it is necessary to do so in order to prevent the concealment, loss or
destruction of evidence of, or relating to, a terrorist act.
(a) conduct a frisk search of the person at, or soon after, the time when the
person is taken into custody; and
(b) seize any seizable items found as a result of the search.
(a) evidence of, or relating to, a terrorist act; or
(b) a seizable item;
conduct an ordinary search of the person at, or soon after, the time when the person is taken into custody, and seize any such thing found as a result of the search.
(a) a person is being detained under a preventative detention order; and
(b) a warrant under section 34D of the Australian Security
Intelligence Organisation Act 1979 is in force in relation to the
person; and
(c) a copy of the warrant is given to the police officer who is detaining
the person under the preventative detention order.
(a) questioned before a prescribed authority under the warrant; or
(b) detained under the warrant in connection with that questioning;
does not extend the period for which the preventative detention order remains in force in relation to the person.
(a) the police officer must not release the person from detention without the
approval of a senior AFP member; and
(b) the senior AFP member must approve the person's release if the person
is being released so that the person may be dealt with in accordance
with a warrant under section 34D of the
Australian Security Intelligence Organisation Act 1979 .
(a) in accordance with a warrant under section 34D of the
Australian Security Intelligence Organisation Act 1979 ; or
(b) under the provisions of Division 4 of Part IAA, and
Part IC, of the Crimes Act 1914 .
(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.
(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.
(a) the preventative detention order is taken to authorise the person in
charge of the prison or remand centre to detain the subject at the prison or
remand centre while the order is in force in relation to the subject; and
(b) section 105.33 applies in relation to the subject's detention
under the order at the prison or remand centre as if:
(i) the person in charge of that prison or remand centre; or
(ii) any other person involved in the subject's detention at that prison or
remand centre;
were a person exercising authority under the order or implementing or
enforcing the order; and
(c) the senior AFP member who makes the arrangement is taken, while the
subject is detained at the prison or remand centre, to be the AFP
member detaining the subject for the purposes of Subdivisions D and E
of this Division.
Note 2: A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see subsection 105.31(5)).
(a) the fact that the preventative detention order has been made in relation
to the person; and
(b) the period during which the person may be detained under the order;
and
(c) the restrictions that apply to the people the person may contact while
the person is being detained under the order; and
(d) the fact that an application may be made under section 105.11 for
an order that the person continue to be detained for a further period;
and
(da) the person's entitlement under subsection 105.17(7) to make
representations to the senior AFP member nominated under subsection
105.19(5) in relation to the order with a view to having the order
revoked; and
(e) any right the person has to complain to the Commonwealth Ombudsman
under Part III of the
Complaints (Australian Federal Police) Act 1981 in relation to:
(i) the application for, or the making of, the preventative detention
order; or
(ii) the treatment of the person by an AFP member in connection with the
person's detention under the order; and
(f) any right the person has to complain to an officer or authority of a
State or Territory in relation to the treatment of the person by a
member of the police force of that State or Territory in connection
with the person's detention under the order; and
(g) the fact that the person may seek from a federal court a remedy
relating to:
(i) the order; or
(ii) the treatment of the person in connection with the person's detention
under the order; and
(h) the person's entitlement under section 105.37 to contact a
lawyer; and
(i) the name and work telephone number of the senior AFP member who has
been nominated under subsection 105.19(5) to oversee the exercise of
powers under, and the performance of obligations in relation to, the
order.
(a) the fact that a prohibited contact order has been made in relation to the
person's detention; or
(b) the name of a person specified in a prohibited contact order that has
been made in relation to the person's detention.
Note 2: A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see subsection 105.31(5)).
(a) the fact that the continued order has been made in relation to the person;
and
(b) the further period during which the person may continue to be detained
under the continued order; and
(c) the restrictions that apply to the people the person may contact while
the person is being detained under the continued order; and
(ca) the person's entitlement under subsection 105.17(7) to make
representations to the senior AFP member nominated under subsection
105.19(5) in relation to the order with a view to having the order
revoked; and
(d) any right the person has to complain to the Commonwealth Ombudsman
under Part III of the
Complaints (Australian Federal Police) Act 1981 in relation to:
(i) the application for the continued order; or
(ii) the treatment of the person by an AFP member in connection with the
person's detention under the continued order; and
(e) any right the person has to complain to an officer or authority of a
State or Territory about the treatment of the person by a member of
the police force of that State or Territory in connection with the
person's detention under the continued order; and
(f) the fact that the person may seek from a federal court a remedy
relating to:
(i) the continued order; or
(ii) the treatment of the person in connection with the person's detention
under the continued order; and
(g) the person's entitlement under section 105.37 to contact a
lawyer; and
(h) the name and work telephone number of the senior AFP member who has
been nominated under subsection 105.19(5) to oversee the exercise of
powers under, and the performance of obligations in relation to, the
continued order.
(a) the fact that a prohibited contact order has been made in relation to the
person's detention; or
(b) the name of a person specified in a prohibited contact order that has
been made in relation to the person's detention.
Note 2: A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see subsection 105.31(5)).
(a) the order; or
(c) any extension or further extension of the order under
section 105.10 or 105.14;
to be given to a lawyer acting for the person in relation to the order.
Note 2: Section 105.40 prevents the person from contacting a lawyer who is specified in a prohibited contact order.
(a) the person being detained under an initial preventative detention order;
or
(b) a lawyer acting for the person;
a copy of the initial preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.
(a) must be treated with humanity and with respect for human dignity; and
(b) must not be subjected to cruel, inhuman or degrading treatment;
by anyone exercising authority under the order or implementing or enforcing the order.
(a) be given in writing; and
(b) set out the exceptional circumstances that justify the giving of the
approval.
(a) is not entitled to contact another person; and
(b) may be prevented from contacting another person.
Note 2: A person's entitlement to contact other people under sections 105.35, 105.37 and 105.39 may be subject to a prohibited contact order made under section 105.15 or 105.16 (see section 105.40).
(a) one of his or her family members; and
(b) if he or she:
(i) lives with another person and that other person is not a family member
of the person being detained; or
(ii) lives with other people and those other people are not family members
of the person being detained;
that other person or one of those other people; and
(c) if he or she is employedhis or her employer; and
(d) if he or she employs people in a businessone of the people he or
she employs in that business; and
(e) if he or she engages in a business together with another person or
other peoplethat other person or one of those other people; and
(f) if the police officer detaining the person being detained agrees to
the person contacting another personthat person;
by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.
(a) the fact that a preventative detention order has been made in relation to
the person; or
(b) the fact that the person is being detained; or
(c) the period for which the person is being detained.
(a) the person's spouse, de facto spouse or same-sex partner; or
(b) a parent, step-parent or grandparent of the person; or
(c) a child, step-child or grandchild of the person; or
(d) a brother, sister, step-brother or step-sister of the person; or
(e) a guardian or carer of the person.
(a) obtaining advice from the lawyer about the person's legal rights in
relation to:
(i) the preventative detention order; or
(ii) the treatment of the person in connection with the person's detention
under the order; or
(b) arranging for the lawyer to act for the person in relation to, and
instructing the lawyer in relation to, proceedings in a federal court
for a remedy relating to:
(i) the preventative detention order; or
(ii) the treatment of the person in connection with the person's detention
under the order; or
(c) arranging for the lawyer to act for the person in relation to, and
instructing the lawyer in relation to, a complaint to the Commonwealth
Ombudsman under the Complaints (Australian Federal Police) Act 1981 in
relation to:
(i) the application for, or the making of, the preventative detention
order; or
(ii) the treatment of the person by an AFP member in connection with the
person's detention under the order; or
(d) arranging for the lawyer to act for the person in relation to, and
instructing the lawyer in relation to, a complaint to an officer or
authority of a State or Territory about the treatment of the person by
a member of the police force of that State or Territory in connection
with the person's detention under the order; or
(e) arranging for the lawyer to act for the person in relation to an
appearance, or hearing, before a court that is to take place while the
person is being detained under the order.
(a) being visited by the lawyer; and
(b) communicating with the lawyer by telephone, fax or email.
(a) the person being detained asks to be allowed to contact a particular
lawyer under subsection (1); and
(b) either:
(i) the person is not entitled to contact that lawyer because of
section 105.40 (prohibited contact order); or
(ii) the person is not able to contact that lawyer;
the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1).
(a) the person is unable, because of inadequate knowledge of the English
language, or a disability, to communicate with reasonable fluency in that
language; and
(b) the person may have difficulties in choosing or contacting a lawyer
because of that inability;
the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).
(a) arrange for the services of an appropriate interpreter to be provided if
it is reasonably practicable to do so during the period during which the
person is being detained; and
(b) if it is reasonably practicable to do soarrange for those
services to be provided as soon as practicable.
(a) a person who is being detained under a preventative detention order; and
(b) a lawyer;
for a purpose referred to in paragraph 105.37(1)(a), (b), (c), (d) or (e) is not admissible in evidence against the person in any proceedings in a court.
(a) is under 18 years of age; or
(b) is incapable of managing his or her affairs.
(a) a parent or guardian of the person; or
(b) another person who:
(i) is able to represent the person's interests; and
(ii) is, as far as practicable in the circumstances, acceptable to the
person and to the police officer who is detaining the person; and
(iii) is not an AFP member; and
(iv) is not an AFP employee (within the meaning of the Australian Federal
Police Act 1979 ); and
(v) is not a member (however described) of a police force of a State or
Territory; and
(vi) is not an officer or employee of the Australian Security Intelligence
Organisation.
(a) if the person being detained (the detainee ) has 2 parents or 2 or more
guardians, the detainee is entitled, subject to section 105.40, to have
contact under subsection (2) with each of those parents or guardians; and
(b) the detainee is entitled to disclose the following to a person with
whom the detainee has contact under subsection (2):
(i) the fact that a preventative detention order has been made in relation
to the detainee;
(ii) the fact that the detainee is being detained;
(iii) the period for which the detainee is being detained.
(a) being visited by that other person; and
(b) communicating with that other person by telephone, fax or email.
(a) 2 hours; or
(b) such longer period as is specified in the preventative detention
order.
(a) arrange for the services of an appropriate interpreter to be provided if
it is reasonably practicable to do so during the period during which the
person is being detained; and
(b) if it is reasonably practicable to do soarrange for those
services to be provided as soon as practicable.
Person being detained
(a) the subject is being detained under a preventative detention order; and
(b) the subject discloses to another person:
(i) the fact that a preventative detention order has been made in relation
to the subject; or
(ii) the fact that the subject is being detained; or
(iii) the period for which the subject is being detained; and
(c) the disclosure occurs while the subject is being detained under the
order; and
(d) the disclosure is not one that the subject is entitled to make under
section 105.36, 105.37 or 105.39.
Penalty: Imprisonment for 5 years.
Lawyer
(a) a person being detained under a preventative detention order (the detainee
) contacts the lawyer under section 105.37; and
(b) the lawyer discloses to another person:
(i) the fact that a preventative detention order has been made in relation
to the detainee; or
(ii) the fact that the detainee is being detained; or
(iii) the period for which the detainee is being detained; or
(iv) any information that the detainee gives the lawyer in the course of
the contact; and
(c) the disclosure occurs while the detainee is being detained under the
order; and
(d) the disclosure is not made for the purposes of:
(i) proceedings in a federal court for a remedy relating to the
preventative detention order or the treatment of the detainee in
connection with the detainee's detention under the order; or
(ii) a complaint to the Commonwealth Ombudsman under the Complaints
(Australian Federal Police) Act 1981 in relation to the application
for, or making of, the preventative detention order or the treatment
of the detainee by an AFP member in connection with the detainee's
detention under the order; or
(iii) a complaint to an officer or authority of a State or Territory about
the treatment of the detainee by a member of the police force of that
State or Territory in connection with the detainee's detention under
the order; or
(iv) making representations to the senior AFP member nominated under
subsection 105.19(5) in relation to the order, or another police
officer involved in the detainee's detention, about the exercise of
powers under the order, the performance of obligations in relation to
the order or the treatment of the detainee in connection with the
detainee's detention under the order.
Penalty: Imprisonment for 5 years.
Person having special contact with detainee who is under 18 years of age or incapable of managing own affairs
(a) a person being detained under a preventative detention order (the detainee
) has contact with the parent/guardian under section 105.39; and
(b) the parent/guardian discloses to another person:
(i) the fact that a preventative detention order has been made in relation
to the detainee; or
(ii) the fact that the detainee is being detained; or
(iii) the period for which the detainee is being detained; or
(iv) any information that the detainee gives the parent/guardian in the
course of the contact; and
(c) the other person is not a person the detainee is entitled to have
contact with under section 105.39; and
(d) the disclosure occurs while the detainee is being detained under the
order; and
(e) the disclosure is not made for the purposes of:
(i) a complaint to the Commonwealth Ombudsman under the Complaints
(Australian Federal Police) Act 1981 in relation to the application
for, or the making of, the preventative detention order or the
treatment of the detainee by an AFP member in connection with the
detainee's detention under the order; or
(ii) a complaint to an officer or authority of a State or Territory about
the treatment of the detainee by a member of the police force of that
State or Territory in connection with the detainee's detention under
the order; or
(iii) making representations to the senior AFP member nominated under
subsection 105.19(5) in relation to the order, or another police
officer involved in the detainee's detention, about the exercise of
powers under the order, the performance of obligations in relation to
the order or the treatment of the detainee in connection with the
detainee's detention under the order.
Penalty: Imprisonment for 5 years.
(a) the parent/guardian is a parent or guardian of a person who is being
detained under a preventative detention order (the detainee ); and
(b) the detainee has contact with the parent/guardian under
section 105.39; and
(c) while the detainee is being detained under the order, the
parent/guardian discloses information of the kind referred to in
paragraph (3)(b) to another parent or guardian of the detainee
(the other parent/guardian ); and
(d) when the disclosure is made, the detainee has not had contact with the
other parent/guardian under section 105.39 while being detained
under the order; and
(e) the parent/guardian does not, before making the disclosure, inform the
senior AFP member nominated under subsection 105.19(5) in relation to
the order that the parent/guardian is proposing to disclose
information of that kind to the other parent/guardian.
Penalty: Imprisonment for 5 years.
(a) a person (the parent/guardian ) is a parent or guardian of a person being
detained under a preventative detention order (the detainee ); and
(b) the parent/guardian informs the senior AFP member nominated under
subsection 105.19(5) in relation to the order that the parent/guardian
proposes to disclose information of the kind referred to in
paragraph (3)(b) to another parent or guardian of the detainee
(the other parent/guardian );
that senior AFP member may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 105.39.
Interpreter assisting in monitoring contact with detainee
(a) the interpreter is an interpreter who assists in monitoring the contact
that a person being detained under a preventative detention order (the
detainee ) has with someone while the detainee is being detained under the
order; and
(b) the interpreter discloses to another person:
(i) the fact that a preventative detention order has been made in relation
to the detainee; or
(ii) the fact that the detainee is being detained; or
(iii) the period for which the detainee is being detained; or
(iv) any information that interpreter obtains in the course of assisting in
the monitoring of that contact; and
(c) the disclosure occurs while the detainee is being detained under the
order.
Penalty: Imprisonment for 5 years.
Passing on improperly disclosed information
(a) a person (the earlier discloser ) discloses to the disclosure recipient:
(i) the fact that a preventative detention order has been made in relation
to a person; or
(ii) the fact that a person is being detained under a preventative
detention order; or
(iii) the period for which a person is being detained under a preventative
detention order; or
(iv) any information that a person who is being detained under a
preventative detention order communicates to a person while the person
is being detained under the order; and
(b) the disclosure by the earlier discloser to the disclosure recipient
contravenes:
(i) subsection (1), (2), (3) or (5); or
(ii) this subsection; and
(c) the disclosure recipient discloses that information to another person;
and
(d) the disclosure by the disclosure recipient occurs while the person
referred to in subparagraph (a)(i), (ii), (iii) or (iv) is being
detained under the order.
Penalty: Imprisonment for 5 years.
Police officer or interpreter monitoring contact with lawyer
(a) the monitor is:
(i) a police officer who monitors; or
(ii) an interpreter who assists in monitoring;
contact that a person being detained under a preventative detention order (the
detainee ) has with a lawyer under section 105.37 while the detainee is
being detained under the order; and
(b) information is communicated in the course of that contact; and
(c) the information is communicated for one of the purposes referred to in
subsection 105.37(1); and
(d) the monitor discloses that information to another person.
Penalty: Imprisonment for 5 years.
(a) determining whether the person is the person specified in the order; or
(b) ensuring the safety and well-being of the person being detained; or
(c) allowing the police officer to comply with a requirement of this
Division in relation to the person's detention under the order.
Note 2: A contravention of this subsection may be an offence under section 105.45.
Note 2: A contravention of this subsection may be an offence under section 105.45.
Note 2: A contravention of this subsection may be an offence under section 105.45.
(a) a video recording is made of the questioning if it is practicable to do
so; or
(b) an audio recording is made of the questioning if it is not practicable
for a video recording to be made of the questioning.
(a) the questioning occurs to:
(i) ensure the safety and well being of the person being detained; or
(ii) determine whether the person is the person specified in the order; and
(b) complying with subsection (4) is not practicable because of the
seriousness and urgency of the circumstances in which the questioning
occurs.
(a) the person consents in writing; or
(b) the police officer believes on reasonable grounds that it is necessary
to do so for the purpose of confirming the person's identity as the
person specified in the order.
(a) is under 18 years of age; or
(b) is incapable of managing his or her affairs;
unless a Federal Magistrate orders that the material be taken.
(a) the age, or any disability, of the person; and
(b) such other matters as the Federal Magistrate thinks fit.
(a) is under 18 years of age; or
(b) is incapable of managing his or her affairs;
must be done in the presence of:
(c) a parent or guardian of the person; or
(d) if a parent or guardian of the person is not acceptable to the
personanother appropriate person.
Note 2: A contravention of this subsection may be an offence under section 105.45.
(a) subsections (8) and (9) are satisfied; or
(b) subsection (8) or (9) is satisfied (but not both) and a Federal
Magistrate orders that the material be taken.
In deciding whether to make such an order, the Federal Magistrate must have regard to the matters set out in subsection (5).
(a) a parent or guardian of the person; or
(b) if a parent or guardian is not acceptable to the personanother
appropriate person;
agrees in writing to the taking of the material.
(a) is at least 18 years of age; and
(b) is capable of managing his or her affairs;
if the person consents in writing.
(a) is capable of representing the subject's interests; and
(b) as far as is practicable in the circumstances, is acceptable to the
subject and the police officer who is detaining the subject; and
(c) is none of the following:
(i) an AFP member;
(ii) an AFP employee (within the meaning of the Australian Federal Police
Act 1979 );
(iii) a member (however described) of a police force of a State or
Territory;
(iv) an officer or employee of the Australian Security Intelligence
Organisation.
(a) a period of 12 months elapses after the identification material is taken;
and
(b) proceedings in respect of:
(i) the preventative detention order; or
(ii) the treatment of the person in connection with the person's detention
under the order;
have not been brought, or have been brought and discontinued or completed,
within that period;
the material must be destroyed as soon as practicable after the end of that period.
(a) the person engages in conduct; and
(b) the conduct contravenes:
(i) subsection 105.28(1); or
(ii) subsection 105.29(1); or
(iii) section 105.30; or
(iv) section 105.33; or
(iva) subsection 105.33A(1); or
(v) subsection 105.42(1), (2), (3) or (4); or
(vi) subsection 105.43(1), (4) or (6); or
(vii) subsection 105.44(2).
Penalty: Imprisonment for 2 years.
(a) the number of initial preventative detention orders made under
section 105.8 during the year;
(b) the number of continued preventative detention orders made under
section 105.12 during the year;
(c) whether a person was taken into custody under each of those orders
and, if so, how long the person was detained for;
(d) particulars of any complaints in relation to the detention of a person
under a preventative detention order made or referred during the year
to:
(i) the Commonwealth Ombudsman; or
(ii) the Internal Investigation Division of the Australian Federal Police;
(e) the number of prohibited contact orders made under
sections 105.15 and 105.16 during the year;
(f) the number of preventative detention orders, and the number of
prohibited contact orders, that a court has found not to have been
validly made or that the Administrative Appeals Tribunal has declared
to be void.
(a) a preventative detention order; or
(b) the treatment of a person in connection with the person's detention
under a preventative detention order.
(a) the remedy relates to:
(i) a preventative detention order; or
(ii) the treatment of a person in connection with the person's detention
under a preventative detention order; and
(b) the proceedings are commenced while the order is in force.
(a) a decision by an issuing authority under section 105.8 or 105.12 to
make a preventative detention order; or
(b) a decision by an issuing authority in relation to a preventative
detention order to extend or further extend the period for which the
order is in force in relation to a person.
The application cannot be made while the order is in force.
(a) declare a decision referred to in subsection (5) in relation to a
preventative detention order in relation to a person to be void if the
Tribunal would have set the decision aside if an application for review of the
decision had been able to be made to the Tribunal while the order was in
force; and
(b) determine that the Commonwealth should compensate the person in
relation to the person's detention under the order if the Tribunal
declares the decision to be void under paragraph (a).
(a) a person is detained under a preventative detention order (the
Commonwealth order ) that is made on the basis of:
(i) assisting in preventing a terrorist act occurring within a period; or
(ii) preserving evidence of, or relating to, a terrorist act; and
(b) the person is detained under an order (the State order ) that is made
under a corresponding State preventative detention law on the basis
of:
(i) assisting in preventing the same terrorist act, or a different
terrorist act, occurring within that period; or
(ii) preserving evidence of, or relating to, the same terrorist act; and
(c) the person brings proceedings before a court of a State or Territory
in relation to:
(i) the application for, or the making of, the State order; or
(ii) the person's treatment in connection with the person's detention under
the State order.
(a) review the application for, or the making of, the Commonwealth order, or
the person's treatment in connection with the person's detention under the
Commonwealth order, on the same grounds as those on which the court may review
the application for, or the making of, the State order, or the person's
treatment in connection with the person's detention under the State order; and
(b) grant the same remedies in relation to the application for, or the
making of, the Commonwealth order, or the person's treatment in
connection with the person's detention under the Commonwealth order,
as those the court can grant in relation to the application for, or
the making of, the State order, or the person's treatment in
connection with the person's detention under the State order.
(a) the person applies to the court for:
(i) review of the application for, or the making of, the Commonwealth
order or the person's treatment in connection with the person's
detention under the Commonwealth order; or
(ii) a remedy in relation to the application for, or the making of, the
Commonwealth order or the person's treatment in connection with the
person's detention under the Commonwealth order; and
(b) the person applies to the court for an order under this subsection;
the court may order the Commissioner of the Australian Federal Police to give the court, and the parties to the proceedings, the information that was put before the person who issued the Commonwealth order when the application for the Commonwealth order was made.
(a) without limiting subsection 105.51(1); and
(b) subject to subsection 105.51(2).
Administrative Decisions (Judicial Review) Act 1977
Insert:
(dab) decisions of the Attorney-General under section 104.2 of
the Criminal Code ;
(dac) decisions under Division 105 of the Criminal Code ;