Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p102
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 102/268)
Character Range: 624909–627586

application for the interim detention order, the Court must hold a hearing to determine whether to make the order.
 (1B) The Court may determine the application by:
 (a) making an interim detention order under subsection (2); or
 (b) making an interim supervision order under section 105A.9A; or
 (c) dismissing the application.

Making an interim detention order
 (2) The Court may make a written order under this subsection if:
 (a) the Court is satisfied that any of the following periods will end before the application for the continuing detention order has been determined:
 (i) if subsection 105A.3A(1), (3), (4) or (5) applies—the sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a) or (5)(d);
 (ii) the period for which a continuing detention order or an interim detention order is in force in relation to the offender; and
 (b) the Court is satisfied that there are reasonable grounds for considering that a continuing detention order will be made in relation to the offender.
Note: More than one interim detention order can be made in relation to a person (see subsection (6)).
 (3) The effect of the order is to commit the offender to detention in a prison while the order is in force.

Period of order
 (4) The order must specify the period during which it is in force.
Note: The order may be suspended during the period that it is in force if the offender is detained in custody in a prison other than as a result of the order (see section 105A.18C).
 (5) The period must be a period of no more than 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order.
 (6) The total period of all interim detention orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order must not be more than 3 months, unless the Court is satisfied that there are exceptional circumstances.

Treatment of certain offenders covered by interim detention orders
 (7) While an interim detention order is in force in relation to the offender, section 105A.4 applies as if a continuing detention order were in force in relation to the offender.
Note: Section 105A.4 deals with the treatment of a terrorist offender who is in a prison under a continuing detention order.

When Court does not make interim detention order
 (8) If the Court is not satisfied as mentioned in paragraph (2)(b), then the Court must:
 (a) seek the following material from the AFP Minister:
 (i) a copy of the proposed conditions that would be sought for an interim supervision order;
 (ii) an explanation as to why each of the proposed