Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p27
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 27/58)
Character Range: 91626–94469

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 under a corresponding State preventative detention law; and
 (g) set out a summary of the grounds on which the AFP member considers that the order should be made.

Note: Sections 137.1 and 137.2 create offences for providing false or misleading information or documents.

 (3) Subparagraph (2)(e)(i) does not require the application to set out details in relation to the application that was made for the initial preventative detention order in relation to which the continued preventative detention order is sought.

 (3A) To avoid doubt, paragraph (2)(g) 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).

 (4) The information in the application must be sworn or affirmed by the AFP member.

 (5) The AFP member applying for the continued preventative detention order in relation to the person must put before the issuing authority to whom the application is made any material in relation to the application that the person has given the AFP member.

105.12  Judge, Federal Magistrate, AAT member or retired judge may make continued preventative detention order

 (1) On application by an AFP member, an issuing authority may make a continued preventative detention order under this section in relation to a person if:
 (a) an initial preventative detention order is in force in relation to the person; and
 (b) the person has been taken into custody under the order (whether or not the person is being detained under the order).

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) Subsection (1) has effect subject to sections 105.4, 105.5 and 105.6. Section 105.4 requires the issuing authority to consider afresh the merits of making the order and to be satisfied, after taking into account relevant information (including any information that has become available since the initial preventative detention order was made), of the matters referred to in subsection 105.4(4) or (6) before making the order.

 (3) A continued preventative detention order under this section is an order that the person specified in the order may be detained during a further period that:
 (a) starts at the end of the period during which the person may be detained under the initial preventative detention order; and
 (b) ends a specified period of time