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 105.17   Revocation of preventative detention order or prohibited contact order  

(1)   Preventative detention order.  

If:


(a) a preventative detention order is in force in relation to a person; and


(b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist;

the police officer must:


(c) if the police officer is an AFP member - apply to an issuing authority for preventative detention orders of that kind for the revocation of the order; or


(d) if the police office is not an AFP member - inform a senior AFP member of the police officer ' s reasons for being satisfied that the grounds on which the order was made have ceased to exist.

(2)  
If:


(a) a senior AFP member is informed by a police officer under paragraph (1)(d); and


(b) the senior AFP member is satisfied that the grounds on which the preventative detention order was made have ceased to exist;

the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the order.

(3)  
If:


(a) a preventative detention order is in force in relation to a person; and


(b) an issuing authority for preventative detention orders of that kind is satisfied, on application by an AFP member, that the grounds on which the order was made have ceased to exist;

the issuing authority must revoke the order.

(4)   Prohibited contact order.  

If:


(a) a prohibited contact order is in force in relation to a person ' s detention under a preventative detention order; and


(b) the police officer who is detaining the person under the preventative detention order is satisfied that the grounds on which the prohibited contact order was made have ceased to exist;

the police officer must:


(c) if the police officer is an AFP member - apply to an issuing authority for preventative detention orders of that kind for the revocation of the prohibited contact order; or


(d) if the police officer is not an AFP member - inform a senior AFP member of the police officer ' s reasons for being satisfied that the grounds on which the prohibited contact order was made have ceased to exist.

(5)  
If:


(a) a senior AFP member is informed by a police officer under paragraph (4)(d); and


(b) the senior AFP member is satisfied that the grounds on which the prohibited contact order was made in relation to the person ' s detention under the preventative detention order have ceased to exist;

the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the prohibited contact order.

(6)  
If:


(a) a prohibited contact order is in force in relation to a person ' s detention under a preventative detention order; and


(b) an issuing authority for preventative detention orders of that kind is satisfied, on application by an AFP member, that the grounds on which the prohibited contact order was made have ceased to exist;

the issuing authority must revoke the prohibited contact order.

(7)   Detainee ' s right to make representations about revocation of preventative detention order.  

A person being detained under a preventative detention order may make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked.




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