Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p22
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 22/58)
Character Range: 79248–81986

initial preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available to be put before an issuing authority only after the order referred to in paragraph (a) was made.

 (6) If:
 (a) an order for a person's detention is made under a corresponding State preventative detention law on the basis of preserving evidence of, or relating to, a terrorist act; and
 (b) the person is taken into custody under that order;
an initial preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act.

105.7  Application for initial preventative detention order

 (1) An AFP member may apply to an issuing authority for an initial preventative detention order in relation to a person.

Note 1: Senior AFP members are issuing authorities for initial preventative detention orders (see the definition of issuing authority in subsection 100.1(1)).

Note 2: For the definition of senior AFP member, see subsection 100.1(1).

 (2) The application must:
 (a) be made in writing; and
 (b) set out the facts and other grounds on which the AFP member considers that the order should be made; and
 (c) specify the period for which the person is to be detained under the order and set out the facts and other grounds on which the AFP member considers that the person should be detained for that period; and
 (d) set out the information (if any) that the applicant has about the person's age; and
 (e) set out the following:
 (i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
 (ii) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
 (iii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;
 (iv) the outcomes of all previous applications for revocations of control orders made in relation to the person; and
 (f) set out the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law; and
 (g) set out a summary of the grounds on which the AFP member considers that the order should be made.

Note: Sections 137.1 and 137.2 create offences for providing false or misleading information or documents.

 (2A) To avoid doubt, paragraph