Terrorism (Community Protection) Act 2003

Subject to this Division, an authorised police officer may make a police detention decision in relation to a person who is 14 years old or older if—

the authorised police officer is satisfied that—

there are reasonable grounds to suspect that the person—

will engage in a terrorist act; or

possesses or has under the person's 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 decision would substantially assist in preventing a terrorist act occurring; and

detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii); or

the authorised police officer is satisfied that—

a terrorist act has occurred within the last 28 days; and

it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and

detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii).

A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.

A police detention decision must not be made on the same basis as a previous police detention decision unless the previous police detention decision ceased to have effect under section 13AF(2)(a).

For the purposes of subsection (3), a police detention decision is made on the same basis as a previous police detention decision if—

in the case of a decision made on the basis of preventing a terrorist act from occurring, that decision and the previous decision relate to the same terrorist act; and

in the case of a decision made on the basis of preserving evidence of, or relating to, a terrorist act, that decision and the previous decision relate to the same terrorist act.