Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p56
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 56/58)
Character Range: 163618–166419

Administrative Appeals Tribunal has declared to be void.

 (3) The Attorney‑General 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  Ombudsman functions and powers not affected

  This Division does not affect a function or power of the Commonwealth Ombudsman under the Complaints (Australian Federal Police) Act 1981.

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 order; or
 (ii) the treatment of a person in connection with the person's detention under a preventative detention order; and
 (b) the proceedings are commenced while the order is in force.

 (3) Subsection (2) has effect despite any other law of the Commonwealth (whether passed or made before or after the commencement of this section).

 (4) An application cannot be made under the Administrative Decisions (Judicial Review) Act 1977 in relation to a decision made under this Division.

Note: See paragraph (dac) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977.

 (5) An application may be made to the Administrative Appeals Tribunal for review of:
 (a) a decision by an issuing authority under section 105.8 or 105.12 to make a preventative detention order; or
 (b) a decision by an issuing authority in relation to a preventative detention order to extend or further extend the period for which the order is in force in relation to a person.
The application cannot be made while the order is in force.

 (6) The power of the Administrative Appeals Tribunal to review a decision referred to in subsection (5) may be exercised by the Tribunal only in the Security Appeals Division of the Tribunal.

 (7) The Administrative Appeals Tribunal may:
 (a) declare a decision referred to in subsection (5) in relation to a preventative detention order in relation to a person to be void if the Tribunal would have set the decision aside if an