Terrorism (Preventative Detention) Act 2005

An application under section 5 must – set out – the true name of the person in relation to whom the preventative detention order is sought (the subject); or if, after reasonable inquiries have been made, the subject's true name is not known but an alias is known for the subject, the subject's alias; or if, after reasonable inquiries have been made, the subject's true name is not known and no alias is known for the subject, a description sufficient to identify the subject; and set out the facts and other grounds on which the applicant considers that the preventative detention order should be made; and specify the period for which the applicant is seeking to have the subject detained under the preventative detention order and set out the facts and other grounds on which the applicant considers that the subject should be detained for that period; and set out the information (if any) that the applicant has about the subject's age and capacity to manage his or her affairs; and set out the following:the outcomes and particulars of all previous applications for preventative detention orders in relation to the subject; the information (if any) that the applicant has about – the outcomes and particulars of all previous requests for Commonwealth control orders (including the outcomes of the hearings to confirm the orders) in relation to the subject; and the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the subject; and the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the subject; and set out the information (if any) that the applicant has about any periods for which the subject has been detained under an order made under a corresponding preventative detention law.

Subject to subsection (1B), an application under section 5 must be made in writing (other than writing by means of an electronic communication).

If the applicant considers it necessary to do so because of urgent circumstances, an application under section 5 may be made – orally, either in person or by telephone; or by fax, email or other means of electronic communication.

If subsection (1B) applies, the Supreme Court or relevant senior police officer must not make the preventative detention order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection.

If – a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and the person is taken into custody under the order; and an application is made for another preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period – the application must also identify the information on which the application is based that became available only after the preventative detention order referred to in paragraph (a) was made.

If – an order for a person’s detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and the person is taken into custody under that order; and an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period – the application must also identify the information on which the application is based that became available only after the order referred to in paragraph (a) was made.

If the application is made in writing, or by fax, email or other means of electronic communication, it must be sworn by the applicant.

If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant.

An application to a senior police officer may be made without notice of it being given to the person in relation to whom a preventative detention order is being sought.

An application to the Supreme Court may only be made without notice of it being given to the person in relation to whom a preventative detention order is being sought if that person is not then being detained under – a preventative detention order made by a senior police officer; or an order for the person's detention made under a corresponding preventative detention law.

If a preventative detention order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must – ensure that there is an audio recording or audio-visual recording of the application; or as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application.