Review by State and Territory courts
105.52 Review by State and Territory courts
This section applies if:
a person is detained under a preventative detention order (the Commonwealth order) that is made on the basis of:
assisting in preventing a terrorist act occurring within a period; or
preserving evidence of, or relating to, a terrorist act; and
the person is detained under an order (the State order) that is made under a corresponding State preventative detention law on the basis of:
assisting in preventing the same terrorist act, or a different terrorist act, occurring within that period; or
preserving evidence of, or relating to, the same terrorist act; and
the person brings proceedings before a court of a State or Territory 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.
The court may:
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
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.
If:
the person applies to the court for:
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
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
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.
Subsection (3) does not require information to be given to the court, or the parties to the proceedings, if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
This section has effect:
without limiting subsection 105.51(1); and
subject to subsection 105.51(2).
Nothing in this section affects the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceedings.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.