Terrorism (Preventative Detention) Act 2005

An authorised police officer (the "applicant") may apply to the Supreme Court or, subject to subsection (3), to a senior police officer for a preventative detention order in relation to a person (the "subject") if – the applicant suspects on reasonable grounds that – the subject – will engage in a terrorist act; or possesses or has under his or her control (whether solely or jointly with any other person) 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 planning, a terrorist act; and making the order would substantially assist in preventing a terrorist act occurring; and detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii); or the applicant is satisfied that – a terrorist act has occurred within the last 28 days; and it is reasonably necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii).

A terrorist act referred to in subsection (1)(a) must be one – that is imminent; and that is expected to occur, in any event, at some time in the next 14 days.

An application may only be made to a senior police officer if the applicant considers that – there is an urgent need for the order; and it is not reasonably practicable in the circumstances for the application to be made to the Supreme Court.