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 B - Preventative detention orders  

SECTION 105.10   Extension of initial preventative detention order  

(1)  
If:


(a) an initial preventative detention order is made in relation to a person; and


(b) the order is in force in relation to the person;

an AFP member may apply to an issuing authority for initial preventative detention orders for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.

(2)  
The application must:


(a) be made in writing; and


(b) set out the facts and other grounds on which the AFP member considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and


(c) set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.

Note:

Paragraph (b) - see subsections 105.4(4) and (6) for the purpose for which a preventative detention order may be made.

(3)  
The issuing authority may extend, or further extend, the period for which the order is to be in force in relation to the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.

(4)  
The extension, or further extension, must be made in writing.

(5)  
The period as extended, or further extended, must end no later than 24 hours after the person is first taken into custody under the order.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.