Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p46
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 46/268)
Character Range: 485630–488204

the order; and
 (ii) ends a specified period of time after the person is first taken into custody under the order.
 (4) The order must be in writing.
 (5) The period of time specified in the order under subparagraph (3)(b)(ii) must not exceed 24 hours.
 (6) An initial preventative detention order under this section must set out:
 (a) any of the following:
 (i) the true name of the person in relation to whom the order is made;
 (ii) if, after reasonable inquiries have been made, the person's true name is not known but an alias is known for the person—the alias of the person in relation to whom the order is made;
 (iii) if, after reasonable inquiries have been made, the person's true name is not known and no alias is known for the person—a description sufficient to identify the person in relation to whom the order is made; and
 (b) the period during which the person may be detained under the order; and
 (c) the date on which, and the time at which, the order is made; and
 (d) the date and time after which the person may not be taken into custody under the order; and
 (e) a summary of the grounds on which the order is made.
Note: Paragraph (d)—see subsection 105.9(2).
 (6A) To avoid doubt, paragraph (6)(e) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
 (7) If the person in relation to whom the order is made is:
 (a) under 18 years of age; or
 (b) incapable of managing his or her affairs;
the order may provide that the period each day for which the person is entitled to have contact with another person under subsection 105.39(2) is the period of more than 2 hours that is specified in the order.
 (7A) If the order is made on an application that was made orally (see subparagraph 105.7(2)(a)(ii)), the issuing authority must either:
 (a) ensure that there is an audio, or audio‑visual, recording of the application; or
 (b) as soon as practicable after the order is made, make a written record of the details of the application, including any information given in support of it.
 (8) The senior AFP member nominated under subsection 105.19(5) in relation to the initial preventative detention order must, as soon as reasonably practicable after 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