Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p26
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 26/58)
Character Range: 89081–91859

for the purpose for which the order was made.

 (4) The extension, or further extension, must be made in writing.

 (5) The period as extended, or further extended, must end no later than 24 hours after the person is first taken into custody under the order.

105.10A  Notice of application for continued preventative detention order

  An AFP member who proposes to apply for a continued preventative detention order in relation to a person under section 105.11 must, before applying for the order:
 (a) notify the person of the proposed application; and
 (b) inform the person that, when the proposed application is made, any material that the person gives the AFP member in relation to the proposed application will be put before the issuing authority for continued preventative detention orders to whom the application is made.

Note: The AFP member who applies for the order must put the material before the issuing authority—see subsection 105.11(5).

105.11  Application for continued preventative detention order

 (1) If an initial preventative detention order is in force in relation to a person in relation to a terrorist act, an AFP member may apply to an issuing authority in relation to continued preventative detention orders for a continued preventative detention order in relation to the person in relation to the terrorist act.

Note: Certain judges, Federal Magistrates, AAT members and retired judges are issuing authorities for continued preventative detention orders (see the definition of issuing authority in subsection 100.1(1) and section 105.2).

 (2) The application must:
 (a) be made in writing; and
 (b) set out the facts and other grounds on which the AFP member considers that the order should be made; and
 (c) specify the period for which the person is to continue to be detained under the order and set out the facts and other grounds on which the AFP member considers that the person should continue to be detained for that period; and
 (d) set out the information (if any) that the applicant has about the person's age; and
 (e) set out the following:
 (i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
 (ii) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
 (iii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;
 (iv) the outcomes of all previous applications for revocations of control orders made in relation to the person; and
 (f) set out the information (if any) that the applicant has about any periods for which the person has been detained under an order made