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 105.14   Extension of continued preventative detention order  

(1)  
If:


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


(b) a continued preventative detention order is made in relation to the person in relation to that initial preventative detention order; and


(c) the continued preventative detention order is in force in relation to the person;

an AFP member may apply to an issuing authority for continued preventative detention orders for an extension, or a further extension, of the period for which the continued preventative detention 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 continued preventative detention 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 information in the application must be sworn or affirmed by the AFP member.

(4)  
The issuing authority may extend, or further extend, the period for which the continued preventative detention 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.

(5)  
The extension, or further extension, must be made in writing.

(6)  
The period as extended, or further extended, must end no later than 48 hours after the person is first taken into custody under the initial preventative detention order.




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