Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p57
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 57/268)
Character Range: 512860–515637

order; and
 (b) an issuing authority for preventative detention orders of that kind is satisfied, on application by an AFP member, that the grounds on which the prohibited contact order was made have ceased to exist;
the issuing authority must revoke the prohibited contact order.

Detainee's right to make representations about revocation of preventative detention order
 (7) A person being detained under a preventative detention order may make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked.

105.18  Status of person making continued preventative detention order
 (1) An issuing authority who makes:
 (a) a continued preventative detention order; or
 (b) a prohibited contact order in relation to a person's detention under a continued preventative detention order;
has, in the performance of his or her duties under this Subdivision, the same protection and immunity as a Justice of the High Court.
 (2) A function of:
 (a) making or revoking a continued preventative detention order; or
 (b) extending, or further extending, the period for which a continued preventative detention order is to be in force; or
 (c) making or revoking a prohibited contact order in relation to a person's detention under a continued preventative detention order;
that is conferred on a judge is conferred on the judge in a personal capacity and not as a court or a member of a court.

Subdivision C—Carrying out preventative detention orders

105.19  Power to detain person under preventative detention order

General powers given by preventative detention order
 (1) While a preventative detention order is in force in relation to a person:
 (a) any police officer may take the person into custody; and
 (b) any police officer may detain the person.
 (2) A police officer, in taking a person into custody under and in detaining a person under a preventative detention order, has the same powers and obligations as the police officer would have if the police officer were arresting the person, or detaining the person, for an offence.
 (3) In subsection (2):
offence means:
 (a) if the police officer is an AFP member—an offence against a law of the Commonwealth; or
 (b) if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.
 (4) Subsection (2) does not apply to the extent to which particular powers, and the obligations associated with those powers, are provided for in this Subdivision or Subdivision D or E.

Nominated senior AFP member
 (5) If a preventative detention order is made in relation to person, the Commissioner of the Australian Federal Police must nominate a senior AFP member (the