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 of the Federal Circuit 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(c) (Repealed by No 13 of 2013)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; or


(e) a person who:


(i) holds an appointment to the Administrative Appeals Tribunal as President or Deputy President; and

(ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and

(iii) has been enrolled for at least 5 years.

(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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