Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision A - Preliminary  

SECTION 105.2   Issuing authorities for continued preventative detention orders  

(1)    
The Attorney-General may, by writing, appoint as an issuing authority for continued preventative detention orders:

(a)    a person who is a judge of a State or Territory Supreme Court; or

(b)    

a person who is a Judge of the Federal Court of Australia; or


(c) (Repealed by No 13 of 2013)

(d)    

a person who:

(i) has served as a judge in one or more superior courts for a period of 5 years; and

(ii) no longer holds a commission as a judge of a superior court.


(e) (Repealed by No 96 of 2023)


(2)    
The Attorney-General must not appoint a person unless:

(a)    the person has, by writing, consented to being appointed; and

(b)    the consent is in force.





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