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 E - Treatment of person detained  

SECTION 105.33A   Detention of persons under 18  

(1)  
Subject to subsection (2), the police officer detaining a person who is under 18 years of age under a preventative detention order must ensure that the person is not detained together with persons who are 18 years of age or older.

Note:

A contravention of this subsection may be an offence under section 105.45 .

(2)  
Subsection (1) does not apply if a senior AFP member approves the person being detained together with persons who are 18 years of age or older.

(3)  
The senior AFP member may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval.

(4)  
An approval under subsection (2) must:


(a) be given in writing; and


(b) set out the exceptional circumstances that justify the giving of the approval.




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