Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p57
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 57/58)
Character Range: 166188–168928

The Administrative Appeals Tribunal may:
 (a) declare a decision referred to in subsection (5) in relation to a preventative detention order in relation to a person to be void if the Tribunal would have set the decision aside if an application for review of the decision had been able to be made to the Tribunal while the order was in force; and
 (b) determine that the Commonwealth should compensate the person in relation to the person's detention under the order if the Tribunal declares the decision to be void under paragraph (a).

 (8) If the Administrative Appeals Tribunal makes a determination under paragraph (7)(b), the Commonwealth is liable to pay the compensation determined by the Tribunal.

 (9) The provisions of the Administrative Appeals Tribunal Act 1975 apply in relation to an application to the Administrative Appeals Tribunal for review of a decision referred to in subsection (5) with the modifications specified in the regulations made under this Act.

105.52  Review by State and Territory courts

 (1) This section applies if:
 (a) a person is detained under a preventative detention order (the Commonwealth order) that is made on the basis of:
 (i) assisting in preventing a terrorist act occurring within a period; or
 (ii) preserving evidence of, or relating to, a terrorist act; and
 (b) the person is detained under an order (the State order) that is made under a corresponding State preventative detention law on the basis of:
 (i) assisting in preventing the same terrorist act, or a different terrorist act, occurring within that period; or
 (ii) preserving evidence of, or relating to, the same terrorist act; and
 (c) the person brings proceedings before a court of a State or Territory in relation to:
 (i) the application for, or the making of, the State order; or
 (ii) the person's treatment in connection with the person's detention under the State order.

 (2) The court may:
 (a) review the application for, or the making of, the Commonwealth order, or the person's treatment in connection with the person's detention under the Commonwealth order, on the same grounds as those on which the court may review the application for, or the making of, the State order, or the person's treatment in connection with the person's detention under the State order; and
 (b) grant the same remedies in relation to the application for, or the making of, the Commonwealth order, or the person's treatment in connection with the person's detention under the Commonwealth order, as those the court can grant in relation to the application for, or the making of, the State order, or the person's treatment in connection with the person's detention under the State order.

 (3) If:
 (a) the person applies to the