Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p53
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 53/268)
Character Range: 502887–505604

serious harm to a person; or
 (c) to preserve evidence of, or relating to, a terrorist act; or
 (d) to prevent interference with the gathering of information about:
 (i) a terrorist act; or
 (ii) the preparation for, or the planning of, a terrorist act; or
 (e) to avoid a risk to:
 (i) the arrest of a person who is suspected of having committed an offence against this Part; or
 (ii) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or
 (iii) the service on a person of a control order or post‑sentence order.
 (5) An issuing authority may refuse to make a prohibited contact order unless the AFP member applying for the order gives the issuing authority any further information that the issuing authority requests concerning the grounds on which the order is sought.

105.15  Prohibited contact order (person in relation to whom preventative detention order is being sought)
 (1) An AFP member who applies to an issuing authority for a preventative detention order in relation to a person (the subject) may also apply for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order.
 (1A) The application for the prohibited contact order may be made either:
 (a) in writing (other than writing by means of an electronic communication); or
 (b) if the AFP member considers it necessary because of urgent circumstances—orally in person or by telephone, or by fax, email or other electronic means of communication.
 (2) The application must set out:
 (a) the terms of the order sought; and
 (b) the facts and other grounds on which the AFP member considers that the order should be made.
 (3) If:
 (a) a continued preventative detention order is being applied for; and
 (b) the application for the prohibited contact order is made in accordance with paragraph (1A)(a);
the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member.
 (3A) If:
 (a) a continued preventative detention order is being applied for; and
 (b) the application for the prohibited contact order is made in accordance with paragraph (1A)(b);
the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member unless the issuing authority is satisfied that it is not practical to administer an oath or affirmation to the member.
 (4) If the issuing authority makes the preventative detention order, the issuing authority may, subject to subsection (4A), make a prohibited contact order under this section that the subject is not, while being detained under the