Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p30
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 30/58)
Character Range: 99195–101916

detention under a preventative detention order only if the issuing authority meets the requirements of subsection (4).

 (3) The person in relation to whose detention the prohibited contact order is applied for, or made, is the subject for the purposes of this section.

 (4) A person meets the requirements of this subsection if the person is satisfied that making the prohibited contact order is reasonably necessary:
 (a) to avoid a risk to action being taken to prevent a terrorist act occurring; or
 (b) to prevent serious harm to a person; or
 (c) to preserve evidence of, or relating to, a terrorist act; or
 (d) to prevent interference with the gathering of information about:
 (i) a terrorist act; or
 (ii) the preparation for, or the planning of, a terrorist act; or
 (e) to avoid a risk to:
 (i) the arrest of a person who is suspected of having committed an offence against this Part; or
 (ii) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or
 (iii) the service on a person of a control order.

 (5) An issuing authority may refuse to make a prohibited contact 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.

105.15  Prohibited contact order (person in relation to whom preventative detention order is being sought)

 (1) An AFP member who applies to an issuing authority for a preventative detention order in relation to a person (the subject) may also apply for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order.

 (2) The application must set out:
 (a) the terms of the order sought; and
 (b) the facts and other grounds on which the AFP member considers that the order should be made.

 (3) If a continued preventative detention order is being applied for, the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member.

 (4) If the issuing authority makes the preventative detention order, the issuing authority may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact the person specified in the prohibited contact order.

Note: Section 105.14A sets out the basis on which the order may be made.

 (5) The prohibited contact order must be in writing.

 (6) The senior AFP member nominated under subsection 105.19(5) in relation to the preventative detention order must:
 (a) notify the Commonwealth Ombudsman