Terrorism (Preventative Detention) Act 2005

If – a preventative detention order is made by the Supreme Court in relation to a person on the final determination of an application under section 5; and the order is in force in relation to the person – an authorised police officer may apply to the Supreme Court for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.

The application must – be made in writing; and set out – the true name of the person in relation to whom the extension is sought; or if, after reasonable inquiries have been made, the true name of the person in relation to whom the extension is sought is not known but an alias is known for the person, the person's alias; or if, after reasonable inquiries have been made, the true name of the person in relation to whom the extension is sought is not known and no alias is known for the person, a description sufficient to identify the person; and set out the facts and other grounds on which the applicant considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.

The application must be sworn by the applicant.

The applicant must cause notice of the application to be given to the person in relation to whom the preventative detention order is in force.

The person in relation to whom the preventative detention order is in force is entitled to appear on the hearing and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions. However, his or her absence does not prevent the Supreme Court from determining the application.

The Supreme Court may, by order, extend or further extend the period for which the order is to be in force in relation to the person if it is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.

The order must be in writing.

The extension, or further extension, must not result in the preventative detention order specifying a period in excess of the maximum period permissible under section 9(2).

If the person in relation to whom the order is in force is being detained in a prison and the Supreme Court makes an order under subsection (6) that extends, or further extends, the period for which the order is to be in force, the applicant must cause a copy of the order under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made.