Terrorism (Preventative Detention) Act 2006

The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.

The police officer who releases the person from detention under the preventative detention order must give the person a signed written statement that the person is being released from that detention and identifies the police officer who signs it.

Subsection (2) does not apply if the police officer releases the person from detention so that the person may —

be dealt with in accordance with a warrant under the ASIO Act Part III Division 3; or

be dealt with under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or

be dealt with according to law in relation to a suspected offence (whether or not the offence is one that the person is suspected of committing).

In subsection (3)(c) —

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.

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; and

a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and kept in detention under the order at any time while the order remains in force in relation to the person.