Issuing authority
7 Issuing authority
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.
This Act’s bill:Explanatory memorandum
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