Nature and content of preventative detention order
21H Nature and content of preventative detention order
(1) A preventative detention order is an order that the person in relation to whom it is made may be:
(a) taken into custody (unless the person is already being detained under a preventative detention order, or an order for the person's detention made under a corresponding law, that is in force or was in force immediately before the making of the new order); and
detained during the period that:
(i) starts when the person is first taken into custody or detained under the order (the start); and
ends a specified period after the start.
A preventative detention order must be in writing.
A preventative detention order must specify:
the name of the person in relation to whom it is made; and
(b) the period during which the person may be detained under the order; and
the date on which, and the time at which, the order is made; and
(d) the date and time after which the person may not be taken into custody under the order; and
a summary of the grounds on which the order is made.
(4) To avoid doubt, subsection (3)(e) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security.
If the person in relation to whom the order is made is:
under 18 years of age; or
incapable of managing his or her affairs,
the order may specify a period of longer than 2 hours as the period the person is entitled under section 21ZL(2) to have contact with another person each day.
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