Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p19
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 19/58)
Character Range: 71853–74519

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 the person is satisfied that:
 (a) 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
 (b) making the order would substantially assist in preventing a terrorist act occurring; and
 (c) 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 (b).

 (5) A terrorist act referred to in subsection (4):
 (a) must be one that is imminent; and
 (b) must be one that is expected to occur, in any event, at some time in the next 14 days.

 (6) A person meets the requirements of this subsection if the person is satisfied that:
 (a) a terrorist act has occurred within the last 28 days; and
 (b) it is necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and
 (c) 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 (b).

 (7) An issuing authority may refuse to make a preventative detention 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.

105.5  No preventative detention order in relation to person under 16 years of age

 (1) A preventative