Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p34
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 34/58)
Character Range: 109215–112056

member) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

 (6) The nominated senior AFP member must be someone who was not involved in the making of the application for the preventative detention order.

 (7) The nominated senior AFP member must:
 (a) oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and
 (b) without limiting paragraph (a), ensure that the provisions of section 105.17 (which deals with revocation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and
 (c) receive and consider any representations that are made under subsection (8).

 (8) The following persons:
 (a) the person being detained under the preventative detention order;
 (b) a lawyer acting for that person in relation to the preventative detention order;
 (c) a person with whom that person has contact under subsection 105.39(2);
are entitled to make representations to the nominated senior AFP member in relation to:
 (d) the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and
 (e) without limiting paragraph (a), compliance with the provisions of section 105.17 (which deals with revocation of preventative detention orders and prohibited contact orders) in relation to the preventative detention order; and
 (f) the person's treatment in connection with the person's detention under the preventative detention order.

 (9) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner's powers under subsection (5).

105.20  Endorsement of order with date and time person taken into custody

  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 endorse on the order the date on which, and time at which, the person is first taken into custody under the order.

105.21  Requirement to provide name etc.

 (1) If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer.

 (2) If a police officer:
 (a) makes a request of a person under subsection (1); and
 (b) informs the person of the reason for the request; and
 (c) if the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and
 (d) complies with subsection (4) if