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 105.5   No preventative detention order in relation to person under 16 years of age  

(1)  
A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.

Note:

See also section 105.39 and subsections 105.43(4) to (9) and (11) for the special rules for people who are under 18 years of age.

(2)  
If:


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


(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;

the police officer must:


(c) if the police officer is an AFP member - release the person, as soon as practicable, from detention under the order or purported order; or


(d) if the police office is not an AFP member - inform a senior AFP member, as soon as practicable, of the police officer ' s reasons for being satisfied that the person is under 16 years of age.

(3)  
If:


(a) a senior AFP member is informed by a police officer under paragraph (2)(d); and


(b) the senior AFP member is satisfied on reasonable grounds that the person being detained is under 16 years of age;

the senior AFP member must arrange to have the person released, as soon as practicable, from detention under the order or purported order.




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