Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p41
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 41/268)
Character Range: 473072–475737

under the order is reasonably necessary for the purpose referred to in paragraph (c).
 (5) A terrorist act referred to in subsection (4) must be one that:
 (a) for paragraphs (4)(a) and (c)—the AFP member suspects, on reasonable grounds; or
 (b) for paragraphs (4)(b) and (c)—the issuing authority is satisfied there are reasonable grounds to suspect;
is capable of being carried out, and could occur, within the next 14 days.
 (6) A person meets the requirements of this subsection if the person is satisfied that:
 (a) a terrorist act has occurred within the last 28 days; and
 (b) it is reasonably necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and
 (c) detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in paragraph (b).
 (7) An issuing authority may refuse to make a preventative detention order unless the AFP member applying for 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