AustLII Tasmanian Numbered Acts

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TERRORISM LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2015 (NO. 36 OF 2015) - SECT 12

Section 15 amended (Prohibited contact order (person in relation to whom preventative detention order is already in force))

Section 15 of the Principal Act is amended as follows:
(a) by inserting the following subsections after subsection (2) :
(2A)  Subject to subsection (2B) , the application must be made in writing (other than writing by means of an electronic communication).
(2B)  If the applicant considers it necessary to do so because of urgent circumstances, the application may be made –
(a) orally, either in person or by telephone; or
(b) by fax, email or other means of electronic communication.
(2C)  If subsection (2B) applies, the Supreme Court or relevant senior police officer must not make the prohibited contact order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection.
(b) by omitting from subsection (3) "The information in the application" and substituting "If the application is made in writing, or by fax, email or other means of electronic communication, it" ;
(c) by inserting the following subsection after subsection (3) :
(3A)  If the application is made orally, the information given by the applicant to the Supreme Court or relevant senior police officer in connection with the application must be verified or given on oath or affirmation unless the Court or officer is satisfied that in the circumstances it is not practical to administer an oath or affirmation to the applicant.
(d) by inserting the following subsection after subsection (6) :
(7)  If the prohibited contact order is made pursuant to an application that is made orally, the Supreme Court or relevant senior police officer, as the case requires, must –
(a) ensure that there is an audio recording or audio-visual recording of the application; or
(b) as soon as practicable after the order is made, make a written record of the application, inclusive of the information given by the applicant in support of the application.



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