Release of person from preventative detention
13V Release of person from preventative detention
S. 13V inserted by No. 5/2006 s. 4.
S. 13V(1) amended by No. 37/2014 s. 10(Sch. item 167.19(a)).
The police officer who is detaining a person under a preventative detention order may release the person from detention under the order or arrange in writing for his or her release from detention under the order.
Note
A person may be released, for example, so that the person may be arrested and otherwise dealt with under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958.
S. 13V(1A) inserted by No. 70/2015 s. 9.
The police officer who is detaining a person under a preventative detention order must, without delay, release the person from detention under the order or arrange for the person's release from detention under the order if the police officer is satisfied that the grounds on which the order was made have ceased to exist.
Note
The police officer must also apply for the revocation of the order to the Supreme Court: see section 13O(1).
S. 13V(2) amended by No. 37/2014 s. 10(Sch. item 167.19(b)).
The police officer who releases, or arranges in writing for the release of, a person from detention under a preventative detention order must give the person a written statement that the person is being released from that detention. The statement must be signed by the police officer.
S. 13V(3) amended by No. 37/2014 s. 10(Sch. item 167.19(c)).
Subsection (2) does not apply if the police officer releases, or arranges in writing for the release of, the person from detention so that the person may be dealt with—
under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; or
in accordance with a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; or
under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth.
To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if—
the person is informed that he or she is being released from detention under the order; and
the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.
To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.
Note
During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, section 13ZC which deals with the people the person may contact) do not apply to the person.
To avoid doubt—
the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force in relation to the person; and
Note
This means that the time for which the person may be detained under the order continues to run while the person is released.
a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.
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