Terrorism (Preventative Detention) Act 2005

The police officer who is detaining a person under a preventative detention order may release the person from detention under the order or arrange in writing for his or her release from detention under the order.

The police officer who releases, or arranges in writing for the release of, a person from detention under a preventative detention order must give the person a written statement signed by the police officer that the person is being released from that detention.

Subsection (2) does not apply if the police officer releases, or arranges in writing for the release of, the person from detention so that the person may be dealt with – in connection with a charge relating to an alleged crime; or in accordance with a warrant under section 34E of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; or under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth.

To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if – the person is informed that he or she is being released from detention under the order; and the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.

To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.

To avoid doubt – the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force in relation to the person; and

a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.