Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p23
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 23/58)
Character Range: 81744–84549

(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.

 (2A) 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).

 (3) If:
 (a) an initial preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
 (b) the person is taken into custody under the order; and
 (c) an application is made for another initial preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period;
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the initial preventative detention order referred to in paragraph (a) was made.

Note: See subsection 105.6(2).

 (4) If:
 (a) an order for a person's detention is made under a corresponding State preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and
 (b) the person is taken into custody under that order; and
 (c) an application is made for an initial preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period;
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the order referred to in paragraph (a) was made.

Note: See subsection 105.6(5).

105.8  Senior AFP member may make initial preventative detention order

 (1) On application by an AFP member, an issuing authority may make an initial preventative detention order under this section in relation to a person.

Note 1: Senior AFP members are issuing authorities for initial preventative detention orders (see the definition of issuing authority in subsection 100.1(1)).

Note 2: For the definition of senior AFP member, see subsection 100.1(1).

 (2) Subsection (1) has effect subject to sections 105.4, 105.5 and 105.6.

 (3) An initial preventative detention order under this section is an order that the person specified in the order may be:
 (a) taken into 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.