Terrorism (Community Protection) Act 2003

An authorised police officer may apply for a prohibited contact order in relation to a person only if the officer is satisfied as set out in subsection (4).

The Supreme Court may make a prohibited contact order in relation to a person's detention under a preventative detention order only if the Court is satisfied as set out in subsection (4).

The Supreme Court may decide that it is satisfied as set out in subsection (4) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making a prohibited contact order.

The person in relation to whose detention the prohibited contact order is applied for, or made, is the subject for the purposes of this section.

The authorised police officer and the Supreme Court must be satisfied that making the prohibited contact order is reasonably necessary—

to avoid a risk to action being taken to prevent a terrorist act occurring; or

to prevent serious harm to a person; or

to preserve evidence of, or relating to, a terrorist act; or

to prevent interference with the gathering of information about—

a terrorist act; or

the preparation for, or the planning of, a terrorist act; or

to avoid a risk to—

the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or

the taking into custody of a person in relation to whom the preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or

the taking into custody of a person in relation to whom a police detention decision has been made, or in relation to whom a police detention decision is likely to be made; or

the service on a person of a Commonwealth control order.

The Supreme Court may refuse to make a prohibited contact order unless the authorised police officer applying for the order gives the Court any further information that it requests concerning the grounds on which the order is sought.