Terrorism (Community Protection) Act 2003

If the preventative detention order in relation to a person who is under 18 years of age provides for him or her to be detained in a youth justice custodial centre, the police officer who is detaining the person under the order must request the Secretary to authorise the transfer of that person to a youth justice custodial centre.

A request under subsection (1) must be accompanied by a copy of—

the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and

any extension or further extension of the order under section 13I; and

any prohibited contact order in force in relation to the person's detention.

If requested to do so under subsection (1), the Secretary may, by instrument, authorise the transfer to a youth justice custodial centre of a person being detained under a preventative detention order from any place where he or she is being detained.

On the giving of an authorisation under subsection (3), a person at a youth justice custodial centre acting under lawful authority on behalf of the Secretary may receive the person into the custodial centre.

If a person is being detained in a youth justice custodial centre under a preventative detention order—

the preventative detention order is taken to authorise the officer in charge of the custodial centre to detain the person at the custodial centre while the order is in force in relation to the person; and

section 13ZB applies in relation to the person's detention under the order at the custodial centre as if—

the officer in charge of that custodial centre; or

any other person involved in the person's detention at that custodial centre—

the police officer who made the request under subsection (1) is taken, while the person is detained at the custodial centre, to be the police officer detaining the person for the purposes of Divisions 4 and 5; and

a police officer may at any time enter the custodial centre and visit the person being detained in the custodial centre in connection with the exercise of powers under, and the performance of obligations in relation to, the order.

No provision of the Youth Justice Act 2024 applies in respect of the detention of a person in a youth justice custodial centre or a police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law other than the following provisions of that Act—

Part 1.3;

section 33;

Parts 10.1 and 10.2;

section 460;

section 462;

section 464;

section 465;

section 474(1), except—

paragraph (e) to the extent that the paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention; and

paragraph (f);

Division 2 of Part 10.4;

Division 4 of Part 10.4;

Division 5 of Part 10.4;

section 514;

sections 521, 523 and 525;

section 527;

Part 10.5;

Part 11.1;

Part 14.2;

Chapter 15;

Part 18.2.

If a provision of the Youth Justice Act 2024 applies (with or without modification) in respect of the detention of a person in a youth justice custodial centre or police gaol under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.

The Youth Justice Act 2024, in its application in respect of the detention of a person in a youth justice custodial centre or police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.

Nothing in this section prevents an AFP member entering a youth justice custodial centre and visiting a person being detained in the custodial centre in connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law.

The Secretary may, by instrument, delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004.