Terrorism (Community Protection) Act 2003

This section applies if a police detention decision is made in relation to a child.

If the police detention decision provides that the child must be detained under this Part in a youth justice custodial centre, the police officer who is detaining the child must request the Secretary to authorise the detention of that child in a youth justice custodial centre.

In all other cases, the police officer who is detaining the child under this Part may request the Secretary to authorise the detention of that child in a youth justice custodial centre.

A request under subsection (2) or (3) must be accompanied by a written record that—

specifies that a police detention decision has been made in relation to the child; and

sets out—

the date on which, and time at which, the child was first taken into custody or detained under this Part; and

whether any contact with the child has been prohibited under section 13AZZB and the terms of any prohibition.

The information in the record under subsection (4) must be sworn or affirmed by the authorised police officer.

If requested to do so under subsection (2) or (3), the Secretary, by instrument, may authorise the detention in a youth justice custodial centre of a child being detained under this Part.

On the giving of an authorisation under subsection (6), a person at a youth justice custodial centre acting under lawful authority on behalf of the Secretary may receive the child into the custodial centre.

If a child is being detained in a youth justice custodial centre under this Part—

the officer in charge of the custodial centre is taken to be authorised to detain the child under this Part at the custodial centre while the police detention decision is in effect in relation to the child; and

section 13AY applies in relation to the child's detention under this Part at the custodial centre as if—

the officer in charge of that custodial centre; or

any other person involved in the child's detention at that custodial centre—

the police officer who made the request under subsection (2) or (3) is taken, while the child is detained at the custodial centre, to be the police officer detaining the child for the purposes of Divisions 4, 5 and 7; and

a police officer may at any time enter the custodial centre and visit the child being detained in the custodial centre in connection with the exercise of powers under this Part and the performance of obligations in relation to the child's detention under this Part.

The Secretary, by instrument, may delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004.