Terrorism (Preventative Detention) Act 2005

Section 59(1) to (3) does not apply to the contact that the person being detained has under section 58 with a security-cleared lawyer.

However, if a person is detained under a final order, the issuing authority may make an order on application by a police officer that section 59(1) to (3) applies to contact with the person.

An application under subsection (2) may be made when the final order is made or at any time after the final order is made.

If practicable, the application must be made to the issuing authority that makes the final order.

The application may only be made on notice to the lawyer.

At the hearing of the application, the lawyer is entitled to question a person giving information to the issuing authority and to make representations.

Subsection (6) does not require any information to be disclosed—

if the disclosure of the information is likely to prejudice national security; or

if the information would not have to be disclosed in a proceeding because of the Police Powers and Responsibilities Act 2000, section 803 (Protection of methodologies).

The issuing authority may make the order only if it is satisfied on reasonable grounds that making the monitoring order will assist in achieving the purpose for which the preventative detention order was made.