Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p45
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 45/268)
Character Range: 483088–485856

the member.
 (3) 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; and
 (c) an application is made for another initial preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period;
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the initial preventative detention order referred to in paragraph (a) was made.
Note: See subsection 105.6(2).
 (4) If:
 (a) an order for a person's detention is made under a corresponding State preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and
 (b) the person is taken into custody under that order; and
 (c) an application is made for an initial preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period;
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the order referred to in paragraph (a) was made.
Note: See subsection 105.6(5).

105.8  Senior AFP member may make initial preventative detention order
 (1) On application by an AFP member, an issuing authority may, subject to subsection (1A), make an initial preventative detention order under this section in relation to a person.
Note 1: Senior AFP members are issuing authorities for initial preventative detention orders (see the definition of issuing authority in subsection 100.1(1)).
Note 2: For the definition of senior AFP member, see subsection 100.1(1).
 (1A) If the application is made orally in person or by telephone, or by fax, email or other electronic means of communication, the issuing authority must not make the order unless the issuing authority is satisfied that it is necessary, because of urgent circumstances, to apply for the order by such means.
 (2) Subsection (1) has effect subject to sections 105.4, 105.5 and 105.6.
 (3) An initial preventative detention order under this section is an order that the person specified in the order may be:
 (a) taken into custody; and
 (b) detained during the period that:
 (i) starts when the person is first taken into custody under 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)