Terrorism (Emergency Powers) Act 2003

(1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.

Notes for subsection (1)

1. A person may be released, for example, so that the person may be arrested and otherwise dealt with for a suspected offence. In these circumstances, Part VII of the Police Administration Act 1978 applies.

2. Also, a person for whom a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 (Cth) is in force may be released so that the person may be dealt with under the warrant.

(2) The police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention.

(4) To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if:

(a) the person is informed that he or she is being released from detention under the order; and

(b) the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.

(5) To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.

Note for subsection (5)

During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, the provisions dealing with the people the person may contact) do not apply to the person.

(a) the release of a person under subsection (1) from detention under the preventative detention order does not extend the period for which the order remains in force; and

(b) a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.