Prohibited contact order (person in relation to whom preventative detention order is already in force)
18 Prohibited contact order (person in relation to whom preventative detention order is already in force)
If a preventative detention order is in force in relation to a person (the subject), the Commissioner may authorise a police officer to apply for a prohibited contact order in relation to the subject’s detention under the preventative detention order.
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.
Only a police officer authorised under subsection (1) may apply for a prohibited contact order under this section.
Section 12(1) to (6) apply in relation to an application for a prohibited contact order under this section as if references in those subsections to a preventative detention order were references to a prohibited contact order.
The application must be made to an issuing authority and must set out —
the terms of the order sought; and
the facts and other grounds on which the police officer considers that the order should be made.
If the issuing authority is satisfied, on reasonable grounds, that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the issuing authority may make a prohibited contact order that the subject is not, while in detention under the preventative detention order, to contact a person specified in the prohibited contact order.
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