When order starts and ceases to have effect
13H When order starts and ceases to have effect
S. 13H inserted by No. 5/2006 s. 4.
A preventative detention order in relation to a person starts to have effect—
if the preventative detention order so provides, on an order for the person's detention made under a corresponding preventative detention law ceasing to have effect; or
in any other case, when it is made.
Note to s. 13H(1) substituted as Notes by No. 32/2018 s. 16.
Notes
1 When the order starts to have effect it authorises the person to be taken into custody, if necessary (see section 13F(1)(a)). The period for which the person may be detained under the order only starts to run when the person is first taken into custody or detained under the order (see section 13F(1)(b)).
2 See also Division 9 of Part 2AA.
A preventative detention order in relation to a person under which the person is required to be taken into custody ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period.
If a preventative detention order does not cease to have effect under subsection (2), it ceases to have effect when whichever of the following first occurs—
the end of—
the period specified in the order as the period during which the person may be detained under the order; or
if that period is extended or further extended under section 13I—that period as extended or further extended;
the revocation of the order under section 13E, 13N or 13O.
Note
The order does not cease to have effect merely because the person is released from detention under the order.
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