Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p18
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 18/58)
Character Range: 69424–72073

be given a copy of the varied order (if appropriate).

104.31  Queensland public interest monitor functions and powers not affected

  This Division does not affect a function or power that the Queensland public interest monitor, or a Queensland deputy public interest monitor, has under a law of Queensland.

104.32  Sunset provision

 (1) A control order that is in force at the end of 10 years after the day on which this Division commences ceases to be in force at that time.

 (2) A control order cannot be requested, made or confirmed after the end of 10 years after the day on which this Division commences.

Division 105—Preventative detention orders

Subdivision A—Preliminary

105.1  Object

  The object of this Division is to allow a person to be taken into custody and detained for a short period of time in order to:
 (a) prevent an imminent terrorist act occurring; or
 (b) preserve evidence of, or relating to, a recent terrorist act.

Note: Section 105.42 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.

105.2  Issuing authorities for continued preventative detention orders

 (1) The Minister may, by writing, appoint as an issuing authority for continued preventative detention orders:
 (a) a person who is a judge of a State or Territory Supreme Court; or
 (b) a person who is a Judge; or
 (c) a person who is a Federal Magistrate; or
 (d) a person who:
 (i) has served as a judge in one or more superior courts for a period of 5 years; and
 (ii) no longer holds a commission as a judge of a superior court; or
 (e) a person who:
 (i) holds an appointment to the Administrative Appeals Tribunal as President or Deputy President; and
 (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and
 (iii) has been enrolled for at least 5 years.

 (2) The Minister must not appoint a person unless:
 (a) the person has, by writing, consented to being appointed; and
 (b) the consent is in force.

105.3  Police officer detaining person under a preventative detention order

  If:
 (a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and
 (b) an obligation is expressed in this Division to be imposed on the police officer detaining the person;
the obligation is imposed at that time on:
 (c) if those police officers include only one AFP member—that AFP member; or
 (d) if those police officers include 2 or more AFP members—the most senior of those AFP members; or
 (e) if those