AustLII Tasmanian Numbered Acts

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TERRORISM LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2015 (NO. 36 OF 2015) - SECT 7

Section 6 amended (Form and content of application)

Section 6 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (1) and substituting the following paragraph:
(a) set out –
(i) the true name of the person in relation to whom the preventative detention order is sought (the subject ); or
(ii) if, after reasonable inquiries have been made, the subject's true name is not known but an alias is known for the subject, the subject's alias; or
(iii) if, after reasonable inquiries have been made, the subject's true name is not known and no alias is known for the subject, a description sufficient to identify the subject; and
(b) by omitting from subsection (1)(c) "person detained under the order" and substituting "subject detained under the preventative detention order" ;
(c) by omitting from subsection (1)(c) "person" second occurring and substituting "subject" ;
(d) by omitting from subsection (1)(d) "person's" and substituting "subject's" ;
(e) by omitting from subsection (1)(e)(i) "person" and substituting "subject" ;
(f) by omitting from subsection (1)(e)(ii)(A) "person" and substituting "subject" ;
(g) by omitting from subsection (1)(e)(ii)(B) "person" and substituting "subject" ;
(h) by omitting from subsection (1)(e)(ii)(C) "person" and substituting "subject" ;
(i) by omitting from subsection (1)(f) "person" and substituting "subject" ;
(j) by inserting the following subsections after subsection (1) :
(1A)  Subject to subsection (1B) , an application under section 5 must be made in writing (other than writing by means of an electronic communication).
(1B)  If the applicant considers it necessary to do so because of urgent circumstances, an application under section 5 may be made –
(a) orally, either in person or by telephone; or
(b) by fax, email or other means of electronic communication.
(1C)  If subsection (1B) applies, the Supreme Court or relevant senior police officer must not make the preventative detention order unless satisfied that, because of urgent circumstances, it was necessary for the applicant to rely on that subsection.
(k) by omitting from subsection (4) "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" ;
(l) by inserting the following subsection after subsection (4) :
(4A)  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.
(m) by inserting the following subsection after subsection (6) :
(7)  If a preventative detention 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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