Basis for applying for and making preventative detention orders

In force

(1)

For the purposes of this Part a person is a person to whom section 9 applies if —

(a)

the person —

(i)

is going to engage in a terrorist act;

(ii)

possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

(iii)

has done an act in preparation for, or planning, a terrorist act;

and

(b)

making a preventative detention order in relation to the person would substantially assist in preventing a terrorist act occurring.

(2)

A terrorist act referred to in subsection (1) must be one that —

(a)

is capable of being carried out; and

(b)

could occur at some time in the next 14 days.

(3)

For the purposes of this Part a person is also a person to whom section 9 applies if —

(a)

a terrorist act has occurred within the last 28 days; and

(b)

it is necessary to detain the person under a preventative detention order so as to preserve evidence of, or relating to, the terrorist act.

[Section 9 amended: No. 23 of 2019 s. 5.]

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