Terrorism (Preventative Detention) Act 2005

This section applies if, at the end of the period mentioned in subsection (4) after a person is detained under a preventative detention order—

the order is still in force; and

the person has not made an application to the Supreme Court under section 71.

The commissioner must bring an application before the Supreme Court for a decision on whether the order, or any prohibited contact order made in relation to detention under the order, should be revoked or varied.

The person is taken to be an applicant for the revocation or varying of the order and the commissioner is taken to be the respondent.

For subsection (1), the period is the later of the following—

7 days after the person is detained under the preventative detention order;

if the preventative detention order under which the person is detained has been extended or further extended—7 days after the order is extended or further extended.