Queensland Numbered Acts
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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 NO. 73
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Object
4. Definitions
5. Act binds all persons
6. Extraterritoriality of terrorist act no barrier
7. Issuing authority
Part 2--Preventative detention orders
Division 1--General
8. Basis for applying for, and making, a preventative detention order
9. No preventative detention order for person under 16 years of age
10. Multiple preventative detention orders
11. Restrictions on subject matter of multiple preventative detention orders
12. Restrictions on period of detention under multiple preventative detention orders
13. Presence or absence at application for order of detainee and other persons
14. General provisions that apply if the PIM must be notified about an application to an issuing authority
Division 2--Initial orders
15. Application for initial order
16. PIM must be notified
17. Issuing authority may make initial order
18. Duration of initial order
19. Application for extension of initial order
20. PIM must be notified
21. Issuing authority may extend initial order
Division 3--Final orders
22. Application for final order
23. Notice to and representations by the person
24. PIM must be notified
25. Issuing authority may make final order
26. Duration of final order
27. Application for extension of final order
28. Further provisions about application for extension of final order
29. Notice to and representations by the person
30. PIM must be notified
31. Issuing authority may extend final order
Division 4--Prohibited contact orders
32. Prohibited contact order for person for whom preventative detention order is being sought
33. Prohibited contact order for person for whom preventative detention order is already in force
34. Notice to PIM
Division 5--Revocation of orders by issuing authority
35. Revocation of preventative detention order or prohibited contact order
36. PIM must be notified
Part 3--Carrying out preventative detention orders
37. Power to detain person under preventative detention order
38. Nominated police officer to oversee functions and powers
39. Endorsement of order with date and time person taken into custody
40. Requirement to provide name etc.
41. Power to enter premises
42. Power to conduct a frisk search
43. Power to conduct an ordinary search
44. ASIO warrant
45. Release of person from preventative detention
46. Arrangement for detainee to be held
Part 4--Informing person detained about preventative detention order
47. Effect of initial order to be explained to person detained
48. Effect of final order to be explained to person detained
49. Person being detained to be informed of extension of preventative detention order
50. Compliance with obligations to inform
51. Copy of preventative detention order and summary of grounds
Part 5--Treatment of person detained
Division 1--General
52. Humane treatment of person being detained
53. Questioning of person prohibited while person is detained
54. Offences of contravening safeguards
Division 2--Contact provisions
55. Restriction on contact with other people
56. Contacting family members etc.
57. Contacting ombudsman and crime and misconduct commission
58. Contacting lawyer
59. Monitoring contact under section 56, 58 or 61
60. Special contact rules for child or person of impaired capacity
61. Child or person of impaired capacity to be contacted by relevant chief executive
62. The relevant chief executive and the chief executive's delegate
63. Entitlement to contact subject to prohibited contact order
Division 3--Disclosure offences
64. Lawyer
65. Parent/guardian
66. Interpreter
67. Disclosure recipient
68. Persons who monitor
Division 4--Identifying particulars
69. Taking identifying particulars
70. Use of identifying particulars
Part 6--Reviews and other remedies
71. Review by Supreme Court on application of detained person
72. Review by Supreme Court initiated by police officer detaining a person
73. Supreme Court hearing and decision
74. Stay of revocation pending outcome of appeal
75. Proceedings in relation to preventative detention orders generally saved and right of compensation conferred
76. Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists
Part 7--Miscellaneous
77. Nature of functions of judge
78. Nature of functions of magistrate
79. Obtaining orders by telephone or similar facility
80. Offences
81. Other functions not affected
82. Law relating to legal professional privilege not affected
83. Sunset provision
84. Regulation-making power
Part 8--Amendment of Police Powers and Responsibilities Act 2000
85. Act amended in pt 8 and references
86. Amendment of s 159 (Monitor's functions)
87. Amendment of s 160 (Monitor's annual report)
SCHEDULE DICTIONARY
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