Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
13U Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
S. 13U (Heading) amended by No. 9/2025 s. 54(1).
S. 13U inserted by No. 5/2006 s. 4.
This section applies if—
a person is being detained under a preventative detention order; and
S. 13U(1)(b) amended by No. 9/2025 s. 54(2).
a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth is in force in relation to the person; and
S. 13U(1)(c) amended by No. 37/2014 s. 10(Sch. item 167.18).
a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.
S. 13U(2) amended by No. 37/2014 s. 10(Sch. item 167.18).
The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.
S. 13U(3) amended by No. 37/2014 s. 10(Sch. item 167.18).
Without limiting subsection (2), the police officer may, under section 13V, release, or arrange in writing for the release of, the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant.
To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be—
questioned before a prescribed authority under the warrant; or
detained under the warrant in connection with that questioning—
does not extend the period for which the preventative detention order remains in force in relation to the person.
Note
See section 13V(6)(a).
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