Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p82
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 82/268)
Character Range: 574142–576886

a person in connection with the person's detention under a preventative detention order.
 (2) A court of a State or Territory does not have jurisdiction in proceedings for a remedy if:
 (a) the remedy relates to:
 (i) a preventative detention order; or
 (ii) the treatment of a person in connection with the person's detention under a preventative detention order; and
 (b) the proceedings are commenced while the order is in force.
 (3) Subsection (2) has effect despite any other law of the Commonwealth (whether passed or made before or after the commencement of this section).
 (4) An application cannot be made under the Administrative Decisions (Judicial Review) Act 1977 in relation to a decision made under this Division.
Note: See paragraph (dac) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977.

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 court for:
 (i) review of the application for, or the making of, the Commonwealth order or the person's treatment in connection with the person's detention