Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p31
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 31/58)
Character Range: 101662–104418

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 in writing of the making of the prohibited contact order; and
 (b) give the Commonwealth Ombudsman a copy of the prohibited contact order.

105.16  Prohibited contact order (person in relation to whom preventative detention order is already in force)

 (1) If a preventative detention order is in force in relation to a person (the subject), an AFP member may apply to an issuing authority for preventative detention orders of that kind 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 the preventative detention order is a continued preventative detention order, the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member.

 (4) 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 in writing of the making of the prohibited contact order; and
 (b) give the Commonwealth Ombudsman a copy of the prohibited contact order.

105.17  Revocation of preventative detention order or prohibited contact order

Preventative detention order

 (1) If:
 (a) a preventative detention order is in force in relation to a person; and
 (b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist;
the police officer must:
 (c) if the police officer is an AFP member—apply to an issuing authority for preventative detention orders of that kind for the revocation of the order; or
 (d) if the police officer is not an AFP member—inform a senior AFP member of the police officer's reasons for being satisfied that the grounds on which the order was made have ceased to exist.

 (2) If:
 (a) a senior AFP member is informed by a police officer under paragraph (1)(d); and
 (b) the senior AFP member is satisfied that the grounds on which the preventative