Terrorism (Preventative Detention) Act 2005

This section applies if identification material is taken under section 40 from a person being detained under a preventative detention order.

The material may be used only for the purpose of determining whether the person is the person in relation to whom the order is made.

To avoid doubt, if the person is being detained in a prison under the preventative detention order, the material may be provided to the Director of Corrective Services and used by him or her only for the purpose of identifying the person on his or her reception into the prison.

If – a period of 12 months elapses after the identification material is taken; and proceedings in respect of – the preventative detention order; or the treatment of the person in connection with the person's detention under the order – have not been brought, or have been brought and discontinued or completed, within that period – the material (including any material provided to the Director of Corrective Services) must be destroyed as soon as practicable after the end of that period.