Terrorism (Police Powers) Act 2002

After hearing an application for a preventative detention order, the Supreme Court is to—

grant the application and make a preventative detention order, or

refuse the application.

The Supreme Court may make a preventative detention order only if satisfied of the requirements under section 26D for making the order.

The following persons may adduce evidence (including by calling witnesses or producing material), or make submissions, to the Supreme Court in connection with the hearing of an application for a preventative detention order (other than an interim order)—

the applicant for the order or any other police officer,

the person in relation to whom the order is to be made,

one or more representatives of the applicant or person.

Subsection (3) does not otherwise limit the power of the Supreme Court to control proceedings in relation to the application for the order.

The Supreme Court may determine the application in the absence of the person in relation to whom the order is to be made (or his or her representative) if satisfied that the person was properly notified of the proceedings.