Criminal Code Act 1995

A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.

See also section 105.39 and subsections 105.43(4) to (9) and (11) for the special rules for people who are under 18 years of age.

If:

a person is being detained under a preventative detention order or a purported preventative detention order; and

the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;

if the police officer is an AFP member—release the person, as soon as practicable, from detention under the order or purported order; or

if the police officer is not an AFP member—inform 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.

If:

a senior AFP member is informed by a police officer under paragraph (2)(d); and

the senior AFP member is satisfied on reasonable grounds that the person being detained is under 16 years of age;