Terrorism (Preventative Detention) Act 2005

This Act may be cited as the Terrorism (Preventative Detention) Act 2005.

This Act commences on a day to be fixed by proclamation.

The object of this Act is to allow a person to be taken into custody and detained for a short period of time in order to—

prevent a terrorist act that is capable of being carried out, and could occur, in the near future from occurring; or

preserve evidence of, or relating to, a recent terrorist act.

Note—Section 53 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.

The dictionary in the schedule defines particular words used in this Act.

This Act binds all persons, including the State, and so far as the legislative power of the Parliament permits, the other States and the Commonwealth.

Nothing in this Act makes a State or the Commonwealth liable to be prosecuted for an offence.

This Act applies—

within Queensland; and

in the adjacent area for Queensland.

The powers and functions conferred under this Act in relation to a terrorist act or suspected terrorist act may be exercised whether the terrorist act or suspected terrorist act has been, is being, or is likely to be committed in Queensland or outside Queensland.

In this section—adjacent area, for Queensland, has the meaning given under the Crimes at Sea Act 2001, schedule, clause 14.

The issuing authority for an initial order is a senior police officer.

The issuing authority for a final order is—

a judge; or

a retired judge;

in either case appointed by the Minister under subsection (4).

For an application to the issuing authority to extend, or further extend, or to revoke, a preventative detention order, the issuing authority is—

for an initial order—the senior police officer who made the order or another senior police officer; or

for a final order—the judge or retired judge who made the order or another judge or retired judge holding an appointment under subsection (4).

The Minister may appoint 1 or more judges or retired judges to be the issuing authority for final orders.

A judge or retired judge can not perform a function as the issuing authority unless—

the judge or retired judge has consented in writing to performing the function; and

the consent is in force.

A senior police officer can not delegate a power to make orders under this Act other than to another senior police officer.

A police officer may apply for a preventative detention order for a person only if the police officer meets the requirements of subsection (3) or (5).

The issuing authority may make a preventative detention order for a person only if the issuing authority meets the requirements of subsection (3) or (5).

The police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied—

there are reasonable grounds to suspect that the person—

will engage in a terrorist act; or

possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

has done an act in preparation for, or in planning, a terrorist act; and

making the order would substantially assist in preventing a terrorist act occurring; and

detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.

For subsection (3), the police officer or issuing authority must be satisfied there are reasonable grounds to suspect a terrorist act is capable of being carried out, and could occur, within the next 14 days.

Also, the police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied on reasonable grounds—

a terrorist act has occurred within the last 28 days; and

it is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and

detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.

The issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests about the facts and other grounds on which the police officer making the application considers the order should be made.

A preventive detention order can not be applied for, or made, for a person who is under 16 years of age.

If—

a person is being detained under a preventative detention order or a purported preventative detention order; and

the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;

the police officer must release the person, as soon as practicable, from detention under the order or purported order.

Subject to sections 11 and 12, any number of preventative detention orders of any type may be made for a person.

Nothing in subsections (2) to (4) prevents the making of—

a final order for a person for a terrorist act following the making of an initial order for the person for the same terrorist act; or

an order extending, or further extending, an existing preventative detention order; or

any order following the making of an order for a person’s detention under a corresponding law of the Commonwealth.

If—

a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and

the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing the same terrorist act occurring within that period.

Note—It will be possible to apply for, and make, another preventative detention order for the person on the basis of preserving evidence of, or relating to, the terrorist act if it occurs.

If—

a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and

the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available to be put before the issuing authority only after the order mentioned in paragraph (a) was made.

If—

a preventative detention order, or an order for a person’s detention under a corresponding law of another State, is made for a person on the basis of preserving evidence of, or relating to, a terrorist act; and

the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of preserving evidence of, or relating to, the same terrorist act.

The prescribed 24 hour period, for an initial order, is the period that ensures that in no case can a person be detained under the initial order longer than 24 hours after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.

The prescribed 14 day period, for a final order, is the period that ensures that in no case can a person be detained under the final order longer than 14 days after being taken into custody under any preventative detention order, or any order for the person’s detention made under a corresponding law, for the same terrorist act.

If, because of the application of subsection (1) or (2), a period is nil for a particular order, the order can not be made.