Application for counter-terrorism intelligence protection order
25 Application for counter-terrorism intelligence protection order
S. 25(1) amended by No. 47/2021 s. 8(1).
If a substantive application is made on or after the commencement day, an authorised police officer may apply to the Supreme Court for an order in relation to any information, document or other thing related to that substantive application that the authorised police officer making the protection application believes on reasonable grounds is counter-terrorism intelligence.
S. 25(1A) inserted by No. 47/2021 s. 8(2).
If the Magistrates' Court or the Children's Court directs, under section 22CW(1), that a review hearing is to be held in respect of a support and engagement order, an authorised police officer may apply to the Supreme Court for an order in relation to any information, document or other thing related to that hearing that the authorised police officer making the protection application believes on reasonable grounds is counter‑terrorism intelligence.
S. 25(1B) inserted by No. 47/2021 s. 8(2).
An order referred to in subsection (1) or (1A) is a counter-terrorism intelligence protection order.
S. 25(1C) inserted by No. 47/2021 s. 8(2).
An application for a counter-terrorism intelligence protection order that relates to—
an application for a support and engagement order; or
an application by an authorised police officer for the variation or extension of a support and engagement order—
is to be made no later than 3 days after the substantive application is made.
S. 25(1D) inserted by No. 47/2021 s. 8(2).
An application for a counter-terrorism intelligence protection order that relates to an application by a supported person for the variation, extension or revocation of a support and engagement order is to be made as soon as practicable after the substantive application is made.
S. 25(1E) inserted by No. 47/2021 s. 8(2).
An application for a counter-terrorism intelligence protection order that relates to an SEO review hearing is to be made as soon as practicable after that direction is given.
A protection application must—
be in writing; and
state the grounds on which the order is sought; and
S. 25(2)(c) amended by No. 47/2021 s. 8(3)(a).
be accompanied by an affidavit that addresses the grounds on which the order is sought; and
S. 25(2)(d) inserted by No. 47/2021 s. 8(3)(b).
if subsection (1C) applies to the application—give details of the application referred to in paragraph (a) or (b) of that subsection; and
S. 25(2)(e) inserted by No. 47/2021 s. 8(3)(b).
if subsection (1E) applies to the application—give details of the matter in respect of which the SEO review hearing is to be held.
In this section—
commencement day means the day on which section 71 of the Justice Legislation Amendment (Terrorism) Act 2018 comes into operation.
New s. 26 inserted by No. 32/2018 s. 71.
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