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 105.14A   Basis for applying for, and making, prohibited contact order  

(1)  
An AFP member may apply for a prohibited contact order in relation to a person only if the AFP member meets the requirements of subsection (4).

(2)  
An issuing authority for initial preventative detention orders, or continued preventative detention orders, may make a prohibited contact order in relation to a person ' s detention under a preventative detention order only if the issuing authority meets the requirements of subsection (4).

(3)  
The person in relation to whose detention the prohibited contact order is applied for, or made, is the subject for the purposes of this section.

(4)  
A person meets the requirements of this subsection if the person is satisfied that making the prohibited contact order is reasonably necessary:


(a) to avoid a risk to action being taken to prevent a terrorist act occurring; or


(b) to prevent serious harm to a person; or


(c) to preserve evidence of, or relating to, a terrorist act; or


(d) to prevent interference with the gathering of information about:


(i) a terrorist act; or

(ii) the preparation for, or the planning of, a terrorist act; or


(e) to avoid a risk to:


(i) the arrest of a person who is suspected of having committed an offence against this Part; or

(ii) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or

(iii) the service on a person of a control order.

(5)  
An issuing authority may refuse to make a prohibited contact order unless the AFP member applying for the order gives the issuing authority any further information that the issuing authority requests concerning the grounds on which the order is sought.




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