Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p47
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 47/268)
Character Range: 487990–490575

the order is made:
 (a) notify the Commonwealth Ombudsman in writing of the making of the order; and
 (b) give the Commonwealth Ombudsman a copy of the order; and
 (c) if the person in relation to whom the order is made is taken into custody under the order—notify the Commonwealth Ombudsman in writing that the person has been taken into custody under the order; and
 (d) notify the Parliamentary Joint Committee on Intelligence and Security in writing of the making of the order.

105.9  Duration of initial preventative detention order
 (1) An initial preventative detention order in relation to a person starts to have effect when it is made.
Note: The order comes into force when it is made and authorises the person to be taken into custody (see paragraph 105.8(3)(a)). The period for which the person may then be detained under the order only starts to run when the person is 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