Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p20
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 20/58)
Character Range: 74263–76998

the order gives the issuing authority any further information that the issuing authority requests concerning the grounds on which the order is sought.

105.5  No preventative detention order in relation to person under 16 years of age

 (1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.

Note: See also section 105.39 and subsections 105.43(4) to (9) and (11) for the special rules for people who are under 18 years of age.

 (2) If:
 (a) a person is being detained under a preventative detention order or a purported preventative detention order; and
 (b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age;
the police officer must:
 (c) if the police officer is an AFP member—release the person, as soon as practicable, from detention under the order or purported order; or
 (d) if the police officer is not an AFP member—inform a senior AFP member, as soon as practicable, of the police officer's reasons for being satisfied that the person is under 16 years of age.

 (3) If:
 (a) a senior AFP member is informed by a police officer under paragraph (2)(d); and
 (b) the senior AFP member is satisfied on reasonable grounds that the person being detained is under 16 years of age;
the senior AFP member must arrange to have the person released, as soon as practicable, from detention under the order or purported order.

105.5A  Special assistance for person with inadequate knowledge of English language or disability

  If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language:
 (a) the police officer has an obligation under subsection 105.31(3) to arrange for the assistance of an interpreter in informing the person about:
 (i) the effect of the order or any extension, or further extension, of the order; and
 (ii) the person's rights in relation to the order; and
 (b) the police officer has an obligation under subsection 105.37(3A) to give the person reasonable assistance to:
 (i) choose a lawyer to act for the person in relation to the order; and
 (ii) contact the lawyer.

105.6  Restrictions on multiple preventative detention orders

Preventative detention orders under this Division

 (1) If:
 (a) an initial preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
 (b) the person is taken into custody under the order;
another initial preventative