Terrorism (Preventative Detention) Act 2005

A police officer may apply to the issuing authority for a preventative detention order under section 25 for a person in relation to a terrorist act (a final order).

The application must be in writing, be sworn and state—

the facts and other grounds on which the applicant considers that the order should be made; and

the period for which the person is to be detained or continue to be detained under the order and the facts and other grounds on which the applicant considers that the person should be detained or continue to be detained for that period; and

any information the applicant may have about the person’s age; and

the outcomes and particulars of all previous applications for preventative detention orders made for the person; and

any information that the applicant may have about any periods for which the person has been detained under an order made under a corresponding law; and

any information that the applicant may have about any Commonwealth control order made for the person; and

for any children who may reside with or be associated with the person—

the inquiries that have been made to find out whether there are children who reside with or are associated with the person; and

if children reside with or are associated with the person—the information the applicant has about the children and the provisions that are proposed for the final order to protect the interests of the children; and

if the person is in detention under an existing preventative detention order or an order for the person’s detention under a corresponding law—the extent to which the person has been informed of the matters covered by section 47(2)(c) to (h).

Also, if the person is a child or of impaired capacity, the application must state—

whether the person may be contacted under section 61 within 24 hours of being taken into custody under the order; and

if the person should not be contacted under section 61 within 24 hours of being taken into custody under the order because the contact would seriously prejudice national security—

the grounds for preventing the contact; and

the period as soon as possible after the end of the 24 hour period when the person must be contacted under section 61.

If section 11(3) applies to the application, the application must identify the information mentioned in the subsection on which the application is based.

The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.