Authorising police officers to apply for a preventative detention order
10 Authorising police officers to apply for a preventative detention order
The Commissioner may authorise a police officer to apply for a preventative detention order in relation to a person.
The Commissioner must not authorise a police officer to apply for a preventative detention order in relation to a person unless the Commissioner is satisfied that there are reasonable grounds to believe that —
the person is a person to whom section 9 applies; and
detaining the person for the period for which the person is to be sought to be detained under the order is reasonably necessary for the purpose of —
substantially assisting in preventing a terrorist act occurring; or
preserving any evidence referred to in section 9(3)(b).
An authorisation by the Commissioner must be in writing but, if it is not practicable to issue it in writing because of an urgent need to issue it —
it may be issued orally; and
if it is issued orally, it must be put in writing as soon as practicable after it is issued.
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