Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p24
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 24/58)
Character Range: 84322–86917

custody; and
 (b) detained during the period that:
 (i) starts when the person is first taken into custody under the order; and
 (ii) ends a specified period of time after the person is first taken into custody under the order.

 (4) The order must be in writing.

 (5) The period of time specified in the order under subparagraph (3)(b)(ii) must not exceed 24 hours.

 (6) An initial preventative detention order under this section must set out:
 (a) the name of the person in relation to whom it is made; and
 (b) the period during which the person may be detained under the order; and
 (c) the date on which, and the time at which, the order is made; and
 (d) the date and time after which the person may not be taken into custody under the order; and
 (e) a summary of the grounds on which the order is made.

Note: Paragraph (d)—see subsection 105.9(2).

 (6A) To avoid doubt, paragraph (6)(e) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

 (7) If the person in relation to whom the order is made is:
 (a) under 18 years of age; or
 (b) incapable of managing his or her affairs;
the order may provide that the period each day for which the person is entitled to have contact with another person under subsection 105.39(2) is the period of more than 2 hours that is specified in the order.

 (8) The senior AFP member nominated under subsection 105.19(5) in relation to the initial preventative detention order must:
 (a) notify the Commonwealth Ombudsman in writing of the making of the order; and
 (b) give the Commonwealth Ombudsman a copy of the order; and
 (c) if the person in relation to whom the order is made is taken into custody under the order—notify the Commonwealth Ombudsman in writing that the person has been taken into custody under the order.

105.9  Duration of initial preventative detention order

 (1) An initial preventative detention order in relation to a person starts to have effect when it is made.

Note: The order comes into force when it is made and authorises the person to be taken into custody (see paragraph 105.8(3)(a)). The period for which the person may then be detained under the order only starts to run when the person is first taken into custody under the order (see subparagraph 105.8(3)(b)(i)).

 (2) An initial preventative detention order in relation to a person ceases to have effect at the end of the period of 48 hours after the order is made if