Terrorism (Preventative Detention) Act 2005

A senior police officer may arrange for a person who is being detained under a preventative detention order to be detained under the order at—

a watch-house; or

a corrective services facility; or

a detention centre.

All persons, including a person who is under 17, may be detained at either of the places mentioned in subsection (1)(a) or (b).

A person who is under 18, and only a person who is under 18, may be detained at a detention centre.

An arrangement under subsection (1) for a person to be held at a watch-house must be only for a period that allows the person to be delivered as soon as practicable to a corrective services facility or a detention centre.

If an arrangement is made under subsection (1) for a person—

the preventative detention order is taken to authorise the person in charge of the watch-house, corrective services facility or detention centre to detain the person at that place while the order is in force for the person; and

section 52 applies in relation to the person’s detention under the order at the watch-house, corrective services facility or detention centre as if—

the person in charge of that place; or

any other person involved in the person’s detention at that place;

the senior police officer is taken, while the person is detained at the watch-house, corrective services facility or detention centre, to be the police officer detaining the person for this Act.

If the person is detained at a corrective services facility, for the Corrective Services Act 2006—

the preventative detention order is a warrant for the person’s detention at the facility; and

the person is in the custody of the chief executive within the meaning of that Act.

If the person is detained at a detention centre, for the Youth Justice Act 1992—

the preventative detention order is a warrant for the detention of the person at the detention centre; and

the person is in the custody of the chief executive within the meaning of that Act; and

only parts 8 to 10 of that Act, other than sections 269, 272 and 280, apply in relation to the detention of the person.

To remove any doubt, it is declared that the detention of a person at a watch-house, corrective services facility or detention centre is subject to part 5, division 2.

If a person is detained under a preventative detention order at a watch-house, corrective services facility or detention centre, the order does not prevent detention at that place from being counted as part of a sentence of imprisonment that the person is liable to serve.

A person detained at a watch-house, corrective services facility or detention centre under this section must be kept segregated from all other persons being detained at that place.

For subsection (10), the chief executive (corrective services) may make a maximum security order for the person under the Corrective Services Act 2006, section 60(1).

For subsection (11), the Corrective Services Act 2006, section 60(3) does not apply.

Also, the chief executive (corrective services) may make a safety order for the person under the Corrective Services Act 2006, section 53(1).

For subsection (13), the Corrective Services Act 2006, section 53(1)(b) does not apply.

The provisions of this section apply despite any provisions of the Corrective Services Act 2006 or the Youth Justice Act 1992.

In this section—preventative detention order, in subsections (6) and (7), includes a copy of a preventative detention order certified as a true copy by the issuing authority that issued the order.