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 C - Carrying out preventative detention orders  

SECTION 105.25   Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979  

(1)  
This section applies if:


(a) a person is being detained under a preventative detention order; and


(b) a warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 is in force in relation to the person; and


(c) a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.

(2)  
The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.

(3)  
Without limiting subsection (2), the police officer may, under section 105.26 , release the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant.

Note:

If the police officer is not an AFP member, the police officer will need to obtain the approval of a senior AFP member before releasing the person from detention (see subsection 105.26(2) ).

(4)  
To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be:


(a) questioned before a prescribed authority under the warrant; or


(b) detained under the warrant in connection with that questioning;

does not extend the period for which the preventative detention order remains in force in relation to the person.

Note:

See paragraph 105.26(7)(a) .




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