Terrorism (Preventative Detention) Act 2005

A police officer may apply for a preventative detention order for a person only if the police officer meets the requirements of subsection (3) or (5).

The issuing authority may make a preventative detention order for a person only if the issuing authority meets the requirements of subsection (3) or (5).

The police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied—

there are reasonable grounds to suspect that the person—

will engage in a terrorist act; or

possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

has done an act in preparation for, or in planning, a terrorist act; and

making the order would substantially assist in preventing a terrorist act occurring; and

detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.

For subsection (3), the police officer or issuing authority must be satisfied there are reasonable grounds to suspect a terrorist act is capable of being carried out, and could occur, within the next 14 days.

Also, the police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied on reasonable grounds—

a terrorist act has occurred within the last 28 days; and

it is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and

detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.

The issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests about the facts and other grounds on which the police officer making the application considers the order should be made.