Terrorism (Emergency Powers) Act 2003

(1) A police officer who is detaining a person (the detainee) under a preventative detention order may arrange, with the Commissioner of Correctional Services, for the detainee to be detained under the order at a custodial correctional facility.

(a) the police officer making the arrangement must give the person in charge of the custodial correctional facility written notice of the arrangement, a copy of the preventative detention order and any prohibited contact order in force in relation to the detainee's detention; and

(b) the preventative detention order is taken to authorise the person in charge of the custodial correctional facility to detain the detainee at the custodial correctional facility while the order is in force in relation to the detainee; and

(c) section 21ZG applies in relation to the detainee's detention under the preventative detention order at the custodial correctional facility as if:

(ii) any other person involved in the detainee's detention at that custodial correctional facility,

were a person exercising authority under the order or implementing or enforcing the order; and

(d) the officer who made the arrangement (or another police officer designated by a senior police officer) is taken, while the detainee is detained at the custodial correctional facility, to be the police officer detaining the detainee for this Part; and

(e) a police officer may, for exercising functions under the order, enter at any time the prison and visit the detainee in the custodial correctional facility.

(3) A regulation may exclude the detainee from the application of any of the provisions of, or provisions made under, the Correctional Services Act 2014 or Youth Justice Act 2005.

(4) An arrangement under subsection (1) does not prevent the detainee being returned to the custody of a police officer.

(5) Subsections (6) and (7) apply if the detainee is under 18 years of age.

(6) A reference in this section to a custodial correctional facility is, in relation to the detainee, a reference to a detention centre within the meaning of the Youth Justice Act 2005 and the reference to the Commissioner of Correctional Services is a reference to the superintendent of the centre.

(7) During any period the detainee is not detained under an arrangement in force under this section, a police officer must not detain the detainee together with persons who are 18 years or older unless the nominated police officer considers there are exceptional circumstances and approves that detention.

Division 4 Informing person detained about preventative detention orders