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 105.52   Review by State and Territory courts  

(1)    
This section applies if:


(a) a person is detained under a preventative detention order (the Commonwealth order ) that is made on the basis of:


(i) assisting in preventing a terrorist act occurring within a period; or

(ii) preserving evidence of, or relating to, a terrorist act; and


(b) the person is detained under an order (the State order ) that is made under a corresponding State preventative detention law on the basis of:


(i) assisting in preventing the same terrorist act, or a different terrorist act, occurring within that period; or

(ii) preserving evidence of, or relating to, the same terrorist act; and


(c) the person brings proceedings before a court of a State or Territory in relation to:


(i) the application for, or the making of, the State order; or

(ii) the person ' s treatment in connection with the person ' s detention under the State order.

(2)    
The court may:


(a) review the application for, or the making of, the Commonwealth order, or the person ' s treatment in connection with the person ' s detention under the Commonwealth order, on the same grounds as those on which the court may review the application for, or the making of, the State order, or the person ' s treatment in connection with the person ' s detention under the State order; and


(b) grant the same remedies in relation to the application for, or the making of, the Commonwealth order, or the person ' s treatment in connection with the person ' s detention under the Commonwealth order, as those the court can grant in relation to the application for, or the making of, the State order, or the person ' s treatment in connection with the person ' s detention under the State order.

(3)    
If:


(a) the person applies to the court for:


(i) review of the application for, or the making of, the Commonwealth order or the person ' s treatment in connection with the person ' s detention under the Commonwealth order; or

(ii) a remedy in relation to the application for, or the making of, the Commonwealth order or the person ' s treatment in connection with the person ' s detention under the Commonwealth order; and


(b) the person applies to the court for an order under this subsection;

the court may order the Commissioner of the Australian Federal Police to give the court, and the parties to the proceedings, the information that was put before the person who issued the Commonwealth order when the application for the Commonwealth order was made.


(4)    
Subsection (3) does not require information to be given to the court, or the parties to the proceedings, if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).

(5)    
This section has effect:


(a) without limiting subsection 105.51(1) ; and


(b) subject to subsection 105.51(2) .

(6)    
Nothing in this section affects the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceedings.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.