Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p40
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 40/268)
Character Range: 470621–473312

consented to being appointed; and
 (b) the consent is in force.

105.3  Police officer detaining person under a preventative detention order
  If:
 (a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and
 (b) an obligation is expressed in this Division to be imposed on the police officer detaining the person;
the obligation is imposed at that time on:
 (c) if those police officers include only one AFP member—that AFP member; or
 (d) if those police officers include 2 or more AFP members—the most senior of those AFP members; or
 (e) if those police officers do not include an AFP member—the most senior of those police officers.
Note: See also paragraph 105.27(2)(c).

Subdivision B—Preventative detention orders

105.4  Basis for applying for, and making, preventative detention orders
 (1) An AFP member may apply for a preventative detention order in relation to a person only if the AFP member meets the requirements of subsection (4) or (6).
 (2) An issuing authority may make a preventative detention order in relation to a person only if the issuing authority meets the requirements of subsection (4) or (6).
Note: For the definition of issuing authority, see subsection 100.1(1) and section 105.2.
 (3) The person in relation to whom the preventative detention order is applied for, or made, is the subject for the purposes of this section.
 (4) A person meets the requirements of this subsection if:
 (a) in the case of an AFP member—the member suspects, on reasonable grounds, that the subject:
 (i) will engage in a terrorist act; or
 (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or
 (iii) has done an act in preparation for, or planning, a terrorist act; and
 (b) in the case of an issuing authority—the issuing authority is satisfied there are reasonable grounds to suspect that the subject:
 (i) will engage in a terrorist act; or
 (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or
 (iii) has done an act in preparation for, or planning, a terrorist act; and
 (c) the person is satisfied that making the order would substantially assist in preventing a terrorist act occurring; and
 (d) the person is satisfied that detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in paragraph (c).
 (5) A terrorist act referred to in subsection (4) must be one that:
 (a) for paragraphs (4)(a) and (c)—the AFP member suspects, on reasonable grounds; or