Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p62
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 62/268)
Character Range: 525077–527759

the person is released from detention under the order.
Note: During this period, the provisions of this Division that apply to a person who is being detained under a preventative detention order (for example, section 105.34 which deals with the people the person may contact) do not apply to the person.
 (7) To avoid doubt:
 (a) the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force; and
 (b) a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.
Note: Paragraph (a)—this means that the time for which the person may be detained under the order continues to run while the person is released.

105.27  Arrangement for detainee to be held in State or Territory prison or remand centre
 (1) A senior AFP member may arrange for a person (the subject) who is being detained under a preventative detention order to be detained under the order at a prison or remand centre of a State or Territory.
 (2) If an arrangement is made under subsection (1):
 (a) the preventative detention order is taken to authorise the person in charge of the prison or remand centre to detain the subject at the prison or remand centre while the order is in force in relation to the subject; and
 (b) section 105.33 applies in relation to the subject's detention under the order at the prison or remand centre as if:
 (i) the person in charge of that prison or remand centre; or
 (ii) any other person involved in the subject's detention at that prison or remand centre;
  were a person exercising authority under the order or implementing or enforcing the order; and
 (c) the senior AFP member who makes the arrangement is taken, while the subject is detained at the prison or remand centre, to be the AFP member detaining the subject for the purposes of Subdivisions D and E of this Division.
 (3) The arrangement under subsection (1) may include provision for the Commonwealth meeting the expenses of the subject's detention at the prison or remand centre.

Subdivision D—Informing person detained about preventative detention order

105.28  Effect of initial preventative detention order to be explained to person detained
 (1) As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).
Note 1: A contravention of this