Terrorism (Preventative Detention) Act 2005

A person in relation to whom a preventative detention order made by the Supreme Court is in force may, with the leave of the Supreme Court, apply to the Supreme Court for – the revocation or a variation of the order; or the revocation or a variation of any prohibited contact order that is in force in relation to the person's detention under the preventative detention order.

The Supreme Court must not grant leave to apply for the revocation or a variation of an order unless it is satisfied that new facts or circumstances have arisen since the making of the order or relevant matters had not been provided to the court in relation to the application for the order.

To avoid doubt, an application for leave to apply for the revocation or a variation of an order does not operate as a stay of the order.

If – a preventative detention order made by the Supreme Court is in force in relation to a person; and the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and the Supreme Court is satisfied, on the application of that person, that, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be revoked or varied – the Court, by order, must revoke or vary the order.

If the person in relation to whom a preventative detention order made by the Supreme Court is in force is being detained in a prison and the order is revoked or varied under subsection (4), the police officer who is detaining the person under the order must cause a copy of the order made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made.

If – a prohibited contact order is in force in relation to a person's detention under a preventative detention order made by the Supreme Court; and the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and the Supreme Court is satisfied, on the application of that person, that, because of new facts or circumstances that have arisen since the making of the order or relevant matters that had not been provided to the court in relation to the application for the order, it is appropriate that the order be revoked or varied – the Court, by order, must revoke or vary the order.

If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison and the prohibited contact order is revoked or varied under subsection (6), the police officer who is detaining the person under the preventative detention order must cause a copy of the order made under that subsection to be given to the Director of Corrective Services as soon as practicable after it is made.