Terrorism (Community Protection) Act 2003

Subject to subsection (1A), an authorised police officer (the applicant) may apply to the Supreme Court for a preventative detention order in relation to a person (the subject) if—

the applicant is satisfied that—

there are reasonable grounds to suspect 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 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).

An authorised police officer must make an application under subsection (1) if the person is a child and is in detention under Part 2AA as soon as practicable after the child is taken into custody under that Part but no later than 36 hours after the child is taken into custody under that Part.

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