Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p25
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 25/58)
Character Range: 86686–89303

first taken into custody under the order (see subparagraph 105.8(3)(b)(i)).

 (2) An initial preventative detention order in relation to a person ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period.

 (3) If the person is taken into custody under the order within 48 hours after the order is made, the order ceases to have effect when whichever of the following first occurs:
 (a) the end of:
 (i) the period specified in the order as the period during which the person may be detained under the order; or
 (ii) if that period is extended or further extended under section 105.10—that period as extended or further extended;
 (b) the revocation of the order under section 105.17.

Note 1: The order does not cease to have effect merely because the person is released from detention under the order.

Note 2: An AFP member may apply under section 105.11 for a continued preventative detention order in relation to the person to allow the person to continue to be detained for up to 48 hours after the person is first taken into custody under the initial preventative detention order.

105.10  Extension of initial preventative detention order

 (1) If:
 (a) an initial preventative detention order is made in relation to a person; and
 (b) the order is in force in relation to the person;
an AFP member may apply to an issuing authority for initial preventative detention orders for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.

 (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 extension, or further extension, is reasonably necessary for the purpose for which the order was made; and
 (c) set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.

Note: Paragraph (b)—see subsections 105.4(4) and (6) for the purpose for which a preventative detention order may be made.

 (3) The issuing authority may extend, or further extend, the period for which the order is to be in force in relation to the person if the issuing authority is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.

 (4) The extension, or further extension, must be made in writing.

 (5) The period as extended, or further extended, must end no later than 24 hours after the person is first