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 105.9   Duration of initial preventative detention order  

(1)  
An initial preventative detention order in relation to a person starts to have effect when it is made.

Note:

The order comes into force when it is made and authorises the person to be taken into custody (see paragraph 105.8(3)(a) ). The period for which the person may then be detained under the order only starts to run when the person is first taken into custody under the order (see subparagraph 105.8(3)(b)(i) ).

(2)  
An initial preventative detention order in relation to a person ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period.

(3)  
If the person is taken into custody under the order within 48 hours after the order is made, the order ceases to have effect when whichever of the following first occurs:


(a) the end of:


(i) the period specified in the order as the period during which the person may be detained under the order; or

(ii) if that period is extended or further extended under section 105.10 - that period as extended or further extended;


(b) the revocation of the order under section 105.17 .

Note 1:

The order does not cease to have effect merely because the person is released from detention under the order.

Note 2:

An AFP member may apply under section 105.11 for a continued preventative detention order in relation to the person to allow the person to continue to be detained for up to 48 hours after the person is first taken into custody under the initial preventative detention order.




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