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 F - Miscellaneous  

SECTION 105.51   Legal proceedings in relation to preventative detention orders  

(1)  
Subject to subsections (2) and (4), proceedings may be brought in a court for a remedy in relation to:


(a) a preventative detention order; or


(b) the treatment of a person in connection with the person ' s detention under a preventative detention order.

(2)  
A court of a State or Territory does not have jurisdiction in proceedings for a remedy if:


(a) the remedy relates to:


(i) a preventative detention order; or

(ii) the treatment of a person in connection with the person ' s detention under a preventative detention order; and


(b) the proceedings are commenced while the order is in force.

(3)  
Subsection (2) has effect despite any other law of the Commonwealth (whether passed or made before or after the commencement of this section).

(4)  
An application cannot be made under the Administrative Decisions (Judicial Review) Act 1997 in relation to a decision made under this Division.

Note:

See paragraph (dac) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 .

(5)  
An application may be made to the Adminstrative Appeals Tribunal for review of:


(a) a decision by an issuing authority under section 105.8 or 105.12 to make a preventative detention order; or


(b) a decision by an issuing authority in relation to a preventative detention order to extend or further extend the period for which the order is in force in relation to a person.

The application cannot be made while the order is in force.

(6)  
The power of the Administrative Appeals Tribunal to review a decision referred to in subsection (5) may be exercised by the Tribunal only in the Security Division of the Tribunal.

(7)  
The Administrative Appeals Tribunal may:


(a) declare a decision referred to in subsection (5) in relation to a preventative detention order in relation to a person to be void if the Tribunal would have set the decision aside if an application for review of the decision had been able to be made to the Tribunal while the order was in force; and


(b) determine that the Commonwealth should compensate the person in relation to the person ' s detention under the order if the Tribunal declares the decision to be void under paragraph (a).

(8)  
If the Administrative Appeals Tribunal makes a determination under paragraph (7)(b), the Commonwealth is liable to pay the compensation determined by the Tribunal.

(9)  
The provisions of the Administrative Appeals Tribunal Act 1975 apply in relation to an application to the Administrative Appeals Tribunal for review of a decision referred to in subsection (5) with the modifications specified in the regulations made under this Act.




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