Tasmania: Terrorism (Preventative Detention) Act 2005 (Tas)

Terrorism (Preventative Detention) Act 2005 An Act to allow persons to be taken into custody and detained in order to prevent an imminent terrorist act occurring or preserve evidence of, or relating to, a recent terrorist act and for related matters [Royal Assent 13 January 2006] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Terrorism (Preventative Detention) Act 2005 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – AFP employee has the same meaning as in the Australian Federal Police Act 1979 of the Commonwealth; AFP member has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; authorised police officer means a police officer appointed by the Commissioner of Police under subsection (2) ; Commonwealth control order has the same meaning as"control order" has in Part 5.3 of the Commonwealth Criminal Code; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; corresponding preventative detention law means – (a) Division 105 of the Commonwealth Criminal Code; or (b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that – (i) corresponds or correspond to this Act; or (ii) is or are declared by the regulations to correspond to this Act; Director of Corrective Services has the same meaning as in the Corrections Act 1997 ; identification material, in relation to a person, means samples taken from a part of the person's body from which a DNA profile may be derived, prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or photographs (including video recordings) of the person; interim preventative detention order means an interim preventative detention order made by the Supreme Court under section 7 ; lawyer means an Australian legal practitioner; premises includes – (a) land; and (b) a building or vehicle; and (c) a part of a building or vehicle; and (d) any place, whether built on or not; prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; preventative detention order means an order made under section 7 , as varied under section 16 or 17 , and includes an interim preventative detention order; prison has the same meaning as in the Corrections Act 1997 ; prohibited contact order means an order made under section 14 or 15 , as varied under section 16 or 17 ; seizable item means anything that – (a) could 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; senior police officer means a police officer of or above the rank of Assistant Commissioner; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; thing includes any object, article or material; vehicle means any thing capable of transporting people or things by air, road, rail or water, regardless of how the thing is moved or propelled. (2) The Commissioner of Police may appoint in writing police officers, or a class or classes of police officers, to be authorised police officers for the purpose of making applications under sections 5 , 15 and 17 . (3) A note in the text of this Act does not form part of this Act. 4. . . . . . . . . PART 2 - Preventative Detention Orders 5. Application for preventative detention order (1) An authorised police officer (the "applicant") may apply to the Supreme Court or, subject to subsection (3) , to a senior police officer for a preventative detention order in relation to a person (the "subject") if – (a) the applicant suspects on reasonable grounds that – (i) the subject – (A) will engage in a terrorist act; or (B) possesses or has under his or her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (C) has done an act in preparation for, or planning, a terrorist act; and (ii) making the order would substantially assist in preventing a terrorist act occurring; and (iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii) ; or (b) the applicant is satisfied that – (i) a terrorist act has occurred within the last 28 days; and (ii) it is reasonably necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and (iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii) . (2) A terrorist act referred to in subsection (1)(a) must be one – (a) that is imminent; and (b) that is expected to occur, in any event, at some time in the next 14 days. (3) An application may only be made to a senior police officer if the applicant considers that – (a) there is an urgent need for the order; and (b) it is not reasonably practicable in the circumstances for the application to be made to the Supreme Court. 6. Form and content of application (1) An application under section 5 must – (a) set out – (i) the true name of the person in relation to whom the preventative detention order is sought (the subject); or (ii) if, after reasonable inquiries have been made, the subject's true name is not known but an alias is known for the subject, the subject's alias; or (iii) if, after reasonable inquiries have been made, the subject's true name is not known and no alias is known for the subject, a description sufficient to identify the subject; 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 subject detained under the preventative detention order and set out the facts and other grounds on which the applicant considers that the subject should be detained for that period; and (d) set out the information (if any) that the applicant has about the subject'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 subject; (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 subject; and (B) the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the subject; and (C) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the subject; and (f) set out the information (if any) that the applicant has about any periods for which the subject has been detained under an order made under a corresponding preventative detention law. (1A) Subject to subsection (1B) , an application under section 5 must be made in writing (other than writing by means of an electronic communication). (1B) If the applicant considers it necessary to do so because of urgent circumstances, an application under section 5 may be made – (a) orally, either in person or by telephone; or (b) by fax, email or other means of electronic communication. (1C) If subsection (1B) applies, the Supreme Court or relevant senior police officer must not make the preventative detention order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection. (2) 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. (3) 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. (4) If the application is made in writing, or by fax, email or other means of electronic communication, it must be sworn by the applicant. Note: Section 45 creates an offence for providing false or misleading information or documents in connection with an application to a senior police officer. (4A) If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant. (5) An application to a senior police officer may be made without notice of it being given to the person in relation to whom a preventative detention order is being sought. (6) An application to the Supreme Court may only be made without notice of it being given to the person in relation to whom a preventative detention order is being sought if that person is not then being detained under – (a) a preventative detention order made by a senior police officer; or (b) an order for the person's detention made under a corresponding preventative detention law. (7) If a preventative detention order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must – (a) ensure that there is an audio recording or audio-visual recording of the application; or (b) as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application. 7. Preventative detention orders (1) The Supreme Court or the senior police officer may, on an application under section 5 , make a preventative detention order in relation to a person if – (a) satisfied that there are reasonable grounds to suspect that – (i) the person – (A) will engage in a terrorist act; or (B) possesses or has under his or her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (C) has done an act in preparation for, or in planning, a terrorist act; and (ii) making the order would substantially assist in preventing a terrorist act occurring; and (iii) detaining the person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii) ; or (b) satisfied on reasonable grounds that – (i) a terrorist act has occurred within the last 28 days; and (ii) it is reasonably necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and (iii) detaining the person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii) . (2) A terrorist act referred to in subsection (1)(a) must be one – (a) that is imminent; and (b) that is expected to occur, in any event, at some time in the next 14 days. (3) The Supreme Court or the senior police officer may refuse to make a preventative detention order unless the authorised police officer applying for it gives the Court or the officer (as the case requires) any further information that it, he or she requests concerning the grounds on which the order is sought. (4) If the application to the Supreme Court is made without notice of it being given to the person in relation to whom a preventative detention order is being sought, the Supreme Court may, if in its opinion it is desirable to do so, make an interim preventative detention order pending the hearing and final determination of the application. Note: The maximum period during which a person may be detained under an interim order is 48 hours or until the final determination of the application, whichever is the later: see section 9(3) . (5) If the Supreme Court makes an interim preventative detention order, it must – (a) specify a day on which, and time at which, the hearing of the application is to be resumed; and (b) direct the applicant to cause notice of the resumed hearing to be given to – (i) the person in relation to whom the interim order is made; and (ii) if the applicant is aware of the identity of a lawyer who acts for that person in relation to any matter, that lawyer. (6) On a resumed hearing referred to in subsection (5) , the person in relation to whom the interim order is made is entitled to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions. However, his or her absence does not prevent the Supreme Court from finally determining the application. (7) An interim preventative detention order that, but for this subsection, would cease to have effect before the application is finally determined, continues to have effect, subject to section 9(2) , until the application is finally determined. (8) On finally determining an application following the making of an interim preventative detention order, the Supreme Court may by order – (a) confirm the order without variation or vary the period specified in the order as the period during which the person in relation to whom it is made may be detained under it; or Note: The period of detention in the confirmed order may be extended, or further extended, under section 11 . (b) revoke the order if not satisfied as mentioned in subsection (1) . (9) If the person in relation to whom the interim preventative detention order is made is being detained in a prison, the applicant for that order must cause a copy of any order made under subsection (8) to be given to the Director of Corrective Services as soon as practicable after it is made. (10) On the hearing by the Supreme Court of an application under section 5 (including a resumed hearing referred to in subsection (5) of this section) – (a) the person in relation to whom a preventative detention order is being sought (including a person in relation to whom an interim preventative detention order or a preventative detention order made by a senior police officer is in force) is entitled to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions; but (b) the absence of that person does not prevent the Supreme Court from determining, or finally determining, the application. (11) If, on an application by an authorised police officer for the making of a preventative detention order in relation to a person who is being detained under a preventative detention order made or purportedly made by a senior police officer (the "police order"), the Supreme Court is satisfied that the making or purported making of the police order was so unreasonable that no senior police officer acting reasonably could have made that order, the Supreme Court may – (a) declare the police order to be void from its beginning; and (b) determine that the State should compensate the person, as assessed by the Supreme Court, in respect of any loss sustained or damage incurred by the person as a direct and reasonable consequence of his or her detention under the police order. (12) If the Supreme Court makes a determination under subsection (11)(b) , the State is liable to pay the compensation assessed by the Supreme Court and the Public Account is, to the necessary extent, appropriated for this purpose. 8. Nature of preventative detention order (1) A preventative detention order is an order that the person in relation to whom it is made (the subject) may be – (a) taken into custody (unless he or she is already being detained under a preventative detention order, or an order for his or her detention made under a corresponding preventative detention law, that is in force or was in force immediately before the making of the new order); and (b) detained during the period that – (i) starts when the subject is first taken into custody or detained under the order (the "start"); and (ii) ends a specified period of time after the start. (2) The order must be in writing. (3) Subject to section 9 , the period of time specified in the order under subsection (1)(b)(ii) must not exceed 14 days. (4) A preventative detention order must – (a) set out – (i) the subject's true name; or (ii) if, after reasonable inquiries have been made, the subject's true name is not known but an alias is known for the subject, the subject's alias; or (iii) if, after reasonable inquiries have been made, the subject's true name is not known and no alias is known for the subject, a description sufficient to identify the subject; and (b) specify the period during which the subject may be detained under the order; and (c) specify the place or places where the subject may be, or must not be, detained under the order; and (d) specify the date on which, and the time at which, the order is made; and (e) specify whether the subject is prohibited from disclosing under section 32(2) the period for which he or she is being detained; and (f) specify whether the subject is allowed to have any further contact with a person under section 32(4) and, if so – (i) the person or persons with whom he or she may have contact; and (ii) the period for which he or she may have contact on any day and the number of days on which he or she may have such contact; and (iii) whether the subject is prohibited from disclosing the period for which he or she is being detained to a person with whom he or she has contact; and (iv) any other conditions applicable to the contact; and (g) set out, if applicable, particulars of the order for the subject's detention made under a corresponding preventative detention law on the ceasing to have effect of which the order is to start to have effect; and (h) specify, if applicable, the date and time after which the subject may not be taken into custody under the order. (5) If the subject is – (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 subject is entitled to have contact with another person under section 36(2) is the period of more than 2 hours that is specified in the order. 9. Duration of preventative detention orders (1) The maximum period that may be specified in a preventative detention order made by a senior police officer as the period during which a person may be detained under the order is 24 hours. (2) Subject to subsection (3) , the maximum period (including that period, as extended, or further extended, under section 11 ) that may be specified in a preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 14 days less any period during which the person is actually detained under – (a) a preventative detention order made by a senior police officer; or (b) an order for the person's detention made under a corresponding preventative detention law – on the same basis. (3) The maximum period that may be specified in an interim preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 48 hours. (4) Despite the period of detention specified in a preventative detention order made by a senior police officer, as soon as practicable after the person in relation to whom the order is made is first taken into custody or detained under the order, an application for a preventative detention order in relation to the person must be made to the Supreme Court. (5) To avoid doubt, for the purposes of subsection (2) orders are made on the same basis if – (a) in the case of orders made on the basis of preventing a terrorist act from occurring, they relate to the same terrorist act occurring within the same period; and (b) in the case of orders made on the basis of preserving evidence of, or relating to, a terrorist act, they relate to the same terrorist act. 10. When order starts and ceases to have effect (1) A preventative detention order in relation to a person starts to have effect – (a) if the preventative detention order so provides, on an order for the person's detention made under a corresponding preventative detention law ceasing to have effect; or (b) in any other case, when it is made. Note: When the order starts to have effect it authorises the person to be taken into custody, if necessary (see section 8(1)(a) ). The period for which the person may be detained under the order only starts to run when the person is first taken into custody or detained under the order ( section 8(1)(b) ). (2) A preventative detention order in relation to a person under which the person is required to be taken into custody ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period. (3) If a preventative detention order does not cease to have effect under subsection (2) , it ceases to have effect when whichever of the following first occurs: (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 11 , that period as extended or further extended; (b) if the order was made by a senior police officer, a preventative detention order is made by the Supreme Court in relation to the same person; (c) the revocation of the order under section 7 , 16 or 17 . Note: The order does not cease to have effect merely because the person is released from detention under the order. 11. Extension of preventative detention order (1) If – (a) a preventative detention order is made by the Supreme Court in relation to a person on the final determination of an application under section 5 ; and (b) the order is in force in relation to the person – an authorised police officer may apply to the Supreme Court for an extension, or a further extension, of the period for which the order is to be in force in relation to the person. (2) The application must – (a) be made in writing; and (ab) set out – (i) the true name of the person in relation to whom the extension is sought; or (ii) if, after reasonable inquiries have been made, the true name of the person in relation to whom the extension is sought is not known but an alias is known for the person, the person's alias; or (iii) if, after reasonable inquiries have been made, the true name of the person in relation to whom the extension is sought is not known and no alias is known for the person, a description sufficient to identify the person; and (b) set out the facts and other grounds on which the applicant 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. (3) The application must be sworn by the applicant. (4) The applicant must cause notice of the application to be given to the person in relation to whom the preventative detention order is in force. (5) The person in relation to whom the preventative detention order is in force is entitled to appear on the hearing and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions. However, his or her absence does not prevent the Supreme Court from determining the application. (6) The Supreme Court may, by order, extend or further extend the period for which the order is to be in force in relation to the person if it is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made. (7) The order must be in writing. (8) The extension, or further extension, must not result in the preventative detention order specifying a period in excess of the maximum period permissible under section 9(2) . (9) If the person in relation to whom the order is in force is being detained in a prison and the Supreme Court makes an order under subsection (6) that extends, or further extends, the period for which the order is to be in force, the applicant must cause a copy of the order under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made. 12. No preventative detention order in relation to person under 16 years of age (1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age. Note: See also section 36 and section 40(4) to (10) for the special rules for people who are under 18 years of age. (2) If – (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 release the person or arrange in writing for his or her release, as soon as practicable, from detention under the order or purported order. 13. 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 Part 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. (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 to, or made by, a senior police officer under this Part in relation to the person on the basis of assisting in preventing the same terrorist act occurring within that period. (3) 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 Part 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. (4) If – (a) an order for a person's detention is made under a corresponding preventative detention law on the basis of preserving evidence of, or relating to, a terrorist act; and (b) the person is being detained under that order – a preventative detention order cannot be applied for to, or made by, a senior police officer under this Part in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act. 14. Prohibited contact order (person in relation to whom preventative detention order is being sought) (1) An authorised police officer who applies for a preventative detention order in relation to a person (the "subject") may also apply for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order. (2) The application must set out – (a) the terms of the order sought; and (b) the facts and other grounds on which the applicant considers that the order should be made. (2A) Subject to subsection (2B) , the application must be made in writing (other than writing by means of an electronic communication). (2B) If the applicant considers it necessary to do so because of urgent circumstances, the application may be made – (a) orally, either in person or by telephone; or (b) by fax, email or other means of electronic communication. (2C) If subsection (2B) applies, the Supreme Court or relevant senior police officer must not make the prohibited contact order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection. (3) If the application is made in writing, or by fax, email or other means of electronic communication, it must be sworn by the applicant. Note: Section 45 creates an offence for providing false or misleading information or documents in connection with an application to a senior police officer. (3A) If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant. (4) An application to the Supreme Court may only be made without notice of it being given to the person in relation to whom a prohibited contact order is being sought if that person is not then being detained under – (a) a preventative detention order made by a senior police officer; or (b) an order for the person's detention made under a corresponding preventative detention law. (5) If the application to the Supreme Court is made without notice of it being given to the person in relation to whom the prohibited contact order is being sought and the order is being sought in conjunction with an application for a preventative detention order under section 5 , the Court may, if in its opinion it is desirable to do so, make an interim prohibited contact order pending the hearing and final determination of the application at the resumed hearing of the application for the preventative detention order. (6) The person in relation to whose detention an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application. (7) If the Supreme Court or the senior police officer, as the case requires – (a) makes the preventative detention order; and (b) is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose of the preventative detention order – the Court or officer may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact any person specified in the prohibited contact order. (8) The prohibited contact order must be in writing. (9) If the prohibited contact order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must – (a) ensure that there is an audio recording or audio-visual recording of the application; or (b) as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application. 15. Prohibited contact order (person in relation to whom preventative detention order is already in force) (1) If a preventative detention order is in force in relation to a person (the "subject"), an authorised police officer may apply to the Supreme Court or, if the preventative detention order was made by a senior police officer, to a senior police officer for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order. (2) The application must set out – (a) the terms of the order sought; and (b) the facts and other grounds on which the applicant considers that the order should be made. (2A) Subject to subsection (2B) , the application must be made in writing (other than writing by means of an electronic communication). (2B) If the applicant considers it necessary to do so because of urgent circumstances, the application may be made – (a) orally, either in person or by telephone; or (b) by fax, email or other means of electronic communication. (2C) If subsection (2B) applies, the Supreme Court or relevant senior police officer must not make the prohibited contact order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection. (3) If the application is made in writing, or by fax, email or other means of electronic communication, it must be sworn by the applicant. Note: Section 45 creates an offence for providing false or misleading information or documents in connection with an application to a senior police officer. (3A) If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant. (4) The person in relation to whose detention under a preventative detention order an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application. (5) If the Supreme Court or the senior police officer (as the case requires) is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the Court or officer may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact any person specified in the prohibited contact order. (6) The prohibited contact order must be in writing. (7) If the prohibited contact order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must – (a) ensure that there is an audio recording or audio-visual recording of the application; or (b) as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application. 16. Application by detainee for revocation or variation of preventative detention order or prohibited contact order (1) A person in relation to whom a preventative detention order made by the Supreme Court is in force may, with the leave of the Supreme Court, apply to the Supreme Court for – (a) the revocation or a variation of the order; or (b) the revocation or a variation of any prohibited contact order that is in force in relation to the person's detention under the preventative detention order. (2) The Supreme Court must not grant leave to apply for the revocation or a variation of an order unless it is satisfied that new facts or circumstances have arisen since the making of the order or relevant matters had not been provided to the court in relation to the application for the order. (3) To avoid doubt, an application for leave to apply for the revocation or a variation of an order does not operate as a stay of the order. (4) If – (a) a preventative detention order made by the Supreme Court is in force in relation to a person; and (b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and (c) the Supreme Court is satisfied, on the application of that person, that, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be revoked or varied – the Court, by order, must revoke or vary the order. (5) If the person in relation to whom a preventative detention order made by the Supreme Court is in force is being detained in a prison and the order is revoked or varied under subsection (4) , the police officer who is detaining the person under the order must cause a copy of the order made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made. (6) If – (a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order made by the Supreme Court; and (b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and (c) the Supreme Court is satisfied, on the application of that person, that, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be revoked or varied – the Court, by order, must revoke or vary the order. (7) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison and the prohibited contact order is revoked or varied under subsection (6) , the police officer who is detaining the person under the preventative detention order must cause a copy of the order made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made. 17. Application by police for revocation or variation of preventative detention order or prohibited contact order (1) If – (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 – an authorised police officer must as soon as practicable apply for the revocation of the order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer. (2) If – (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, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be varied – the authorised police officer must apply for a variation of the order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer. (3) If – (a) a preventative detention order is in force in relation to a person; and (b) the Supreme Court or, if the order was made by a senior police officer, a senior police officer is satisfied, on application by an authorised police officer under subsection (1) or (2) that it is appropriate that the order be revoked or varied – the Court, by order, or the officer, in writing, must revoke or vary the order. (4) If the person in relation to whom the preventative detention order is in force is being detained in a prison and the order is revoked or varied under subsection (3) , the applicant for the revocation or variation must cause a copy of any instrument made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made. (5) If – (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, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, that it is appropriate that the order be revoked or varied (including that the grounds on which the order was made have ceased to exist) – an authorised police officer must apply for the revocation or a variation of the prohibited contact order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer. (6) If – (a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and (b) the Supreme Court or, if the order was made by a senior police officer, a senior police officer is satisfied, on application by a police officer under subsection (5) , that it is appropriate that the order be revoked or varied – the Court, by order, or the officer, in writing, must revoke or vary the prohibited contact order. (7) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison and the prohibited contact order is revoked or varied under subsection (6) , the applicant for the revocation or variation must cause a copy of any instrument made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made. PART 3 - Carrying out Preventative Detention Orders 18. Power to detain person under preventative detention order (1) While a preventative detention order is in effect in relation to a person – (a) any police officer may take the person into custody; and (b) any police officer may detain the person. (2) A police officer may, for the purpose of taking a person into custody under a preventative detention order or preventing him or her from escaping from detention under the order, exercise any of the powers that he or she would have if he or she were apprehending the person under section 26 of the Criminal Code or the person was escaping from legal custody. (3) Subsection (2) does not apply to the extent to which particular powers are provided for in this Act. (4) If the person being detained is under the age of 18 years, the police officer must take such steps as are reasonably practicable to ensure that the person is not detained with any adult who is being detained under this or any other law at the place where the person is being detained. (5) Notwithstanding subsection (4) , a police officer may detain a person with another family member of the person. (6) In subsection (5) – family member of a person has the same meaning as in section 32(1) . (7) If a preventative detention order is made in relation to a person, the Commissioner of Police must nominate a police officer of or above the rank of commander (the "nominated senior police officer") to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order. (8) The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order or the making of the order in relation to the person. (9) The nominated senior police officer must – (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 17 are complied with in relation to the preventative detention order; and (c) receive and consider any representations that are made under subsection (10) . (10) The following persons: (a) the person being detained under a preventative detention order; (b) the Ombudsman under the Ombudsman Act 1978 ; (c) a lawyer acting for the person being detained under a preventative detention order in relation to the order or a prohibited contact order; (d) a person with whom the person being detained under a preventative detention order has contact under section 36(2) ; (e) a person exercising authority under the order or implementing or enforcing the order (including a person taken to be such a person by force of section 25(5)(b) ) – are entitled to make representations to the nominated senior police officer in relation to – (f) the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and (g) without limiting paragraph (f) , compliance with the provisions of section 17 in relation to the preventative detention order; and (h) the person's treatment in connection with the person's detention under the preventative detention order. 19. Endorsement of order with date and time person taken into custody or detained As soon as practicable after a person is first taken into custody or detained under a preventative detention order, the police officer who is detaining the person under the order must endorse on the order – (a) the date on which, and time at which, the person is first taken into custody or detained under the order; and (b) particulars of where the person is being detained. 20. Requirement to provide name, &c. (1) If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer. (2) If a police officer – (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 uniform, shows the person evidence that he or she is a police officer; and (d) complies with subsection (4) if the person makes a request under that sub-section – 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: Fine not exceeding 20 penalty units. (3) Subsection (2) does not apply if the person has a reasonable excuse. (4) If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following: (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: Fine not exceeding 5 penalty units. (5) Subsection (4) does not apply if the police officer has a reasonable excuse. 21. Power to enter premises (1) If – (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 as is necessary, for the purpose of searching the premises for the person or taking the person into custody. (2) A police officer may direct a person not to enter, or to leave or to remain in, premises or in the vicinity of premises that are being entered under this section. 22. Power to conduct personal search (1) In this section – body cavity means rectum or vagina; electronic metal detection device means an electronic device that is capable of detecting the presence of metallic objects; ordinary search means – (a) a search of a person conducted by – (i) running hands over the person's outer clothing; or (ii) passing an electronic metal detection device over or in close proximity to the person's outer clothing; or (iii) requiring the person to pass through such a device; or (iv) requiring the person to turn out his or her pockets; and (b) the examination of any thing worn or carried by, or in the control or possession of, the person that is conveniently removed including – (i) an examination conducted by passing an electronic metal detection device over or in close proximity to that thing; and (ii) passing the thing through such a device; and (iii) searching through any bag, basket or other receptacle; and (iv) moving, and if it is considered necessary, removing and searching through the contents of any pocket, bag, basket or other receptacle; strip search means a search, other than a body cavity search, in which the person searched is required to remove most or all of his or her clothes. (2) A police officer who takes a person into custody under a preventative detention order or who is present when the person is taken into custody may, if the police officer suspects on reasonable grounds – (a) that it is prudent to do so in order to ascertain whether the person is carrying any seizable item; or (b) that the person is carrying – (i) evidence of or relating to a terrorist act; or (ii) a seizable item – conduct an ordinary search of a person at or soon after the time when the person is taken into custody and seize any thing found as a result of such a search. (3) A police officer who is detaining a person under a preventative detention order may conduct a strip search of the person if the police officer believes on reasonable grounds that it is necessary to conduct a strip search of that person for the purposes of the search and that the seriousness and urgency of the circumstances require a strip search to be conducted. (4) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section. (5) Where a police officer detains a person for the purpose of a search under this section, the following provisions apply: (a) if it is proposed to conduct a strip search, the search is to be conducted by an officer of the same sex as the person searched or by a person of the same sex under the direction of a police officer; (b) if the search involves the application of force to the person, the police officer must give the Commissioner of Police a written report about the search within 7 days, including particulars of the circumstances that gave rise to the application of force. 23. Warrant under section 34E of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth (1) This section applies if – (a) a person is being detained under a preventative detenti