Criminal Code Act 1995

If an initial preventative detention order is in force in relation to a person in relation to a terrorist act, an AFP member may apply to an issuing authority in relation to continued preventative detention orders for a continued preventative detention order in relation to the person in relation to the terrorist act.

Certain judges and retired judges are issuing authorities for continued preventative detention orders (see the definition of issuing authority in subsection 100.1(1) and section 105.2).

The application must:

be made in writing; and

set out the facts and other grounds on which the AFP member considers that the order should be made; and

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

set out the information (if any) that the applicant has about the person’s age; and

set out the following:

the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;

the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders), and all previous applications for post‑sentence orders or interim post‑sentence orders, in relation to the person;

the outcomes and particulars of all previous applications for variations of control orders or of post‑sentence orders made in relation to the person;

the outcomes of all previous applications for revocations of control orders made in relation to the person;

the outcomes and particulars of all previous applications for revocations of post‑sentence orders made in relation to the person;

the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person;

the outcomes and particulars of all previous applications for review of post‑sentence orders made in relation to the person; and

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

set out a summary of the grounds on which the AFP member considers that the order should be made.

Sections 137.1 and 137.2 create offences for providing false or misleading information or documents.

Subparagraph (2)(e)(i) does not require the application to set out details in relation to the application that was made for the initial preventative detention order in relation to which the continued preventative detention order is sought.

To avoid doubt, paragraph (2)(g) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

The information in the application must be sworn or affirmed by the AFP member.

The AFP member applying for the continued preventative detention order in relation to the person must put before the issuing authority to whom the application is made any material in relation to the application that the person has given the AFP member.