Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p81
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 81/268)
Character Range: 571645–574384

a member of, the Federal Circuit and Family Court of Australia (Division 2).

105.47  Annual report
 (1) The AFP Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division during the year ended on that 30 June.
 (2) Without limiting subsection (1), a report relating to a year must include the following matters:
 (a) the number of initial preventative detention orders made under section 105.8 during the year;
 (b) the number of continued preventative detention orders made under section 105.12 during the year;
 (c) whether a person was taken into custody under each of those orders and, if so, how long the person was detained for;
 (d) particulars of:
 (i) any complaints made or referred to the Commonwealth Ombudsman during the year that related to the detention of a person under a preventative detention order; and
 (ii) any information given under section 40SA of the Australian Federal Police Act 1979 during the year that related to the detention of a person under a preventative detention order and raised an AFP conduct or practices issue (within the meaning of that Act);
 (e) the number of prohibited contact orders made under sections 105.15 and 105.16 during the year;
 (f) the number of preventative detention orders, and the number of prohibited contact orders, that a court has found not to have been validly made.
 (3) The AFP Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.

105.48  Certain functions and powers not affected
  This Division does not affect:
 (a) a function or power of the Commonwealth Ombudsman under the Ombudsman Act 1976; or
 (b) a function or power of a person under Part V of the Australian Federal Police Act 1979.

105.49  Queensland public interest monitor functions and powers not affected
  This Division does not affect a function or power that the Queensland public interest monitor, or a Queensland deputy public interest monitor, has under a law of Queensland.

105.50  Law relating to legal professional privilege not affected
  To avoid doubt, this Division does not affect the law relating to legal professional privilege.

105.51  Legal proceedings in relation to preventative detention orders
 (1) Subject to subsections (2) and (4), proceedings may be brought in a court for a remedy in relation to:
 (a) a preventative detention order; or
 (b) the treatment of a person in connection with the person's detention under a preventative detention order.
 (2) A court of a State or Territory does not have jurisdiction in proceedings for a remedy if:
 (a) the remedy relates to:
 (i) a preventative detention