Criminal Code Act 1995

Div 105 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

Subdiv F inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provision, see note under definition of " advocate " in s 102.1.

S 105.51(5) repealed by No 39 of 2024, s 3 and Sch 15 item 9, effective 14 October 2024. S 105.51(5) formerly read:

(5)
An application may be made to the Adminstrative Appeals Tribunal for review of:
(a) a decision by an issuing authority under section 105.8 or 105.12 to make a preventative detention order; or
(b) a decision by an issuing authority in relation to a preventative detention order to extend or further extend the period for which the order is in force in relation to a person.

The application cannot be made while the order is in force.

S 105.51(6) repealed by No 39 of 2024, s 3 and Sch 15 item 9, effective 14 October 2024. S 105.51(6) formerly read:

(6)
The power of the Administrative Appeals Tribunal to review a decision referred to in subsection (5) may be exercised by the Tribunal only in the Security Division of the Tribunal.

S 105.51(6) amended by No 60 of 2015, s 3 and Sch 8 item 18, by substituting " Security Division " for " Security Appeals Division " , effective 1 July 2015.

S 105.51(7) repealed by No 39 of 2024, s 3 and Sch 15 item 9, effective 14 October 2024. S 105.51(7) formerly read:

(7)
The Administrative Appeals Tribunal may:
(a) declare a decision referred to in subsection (5) in relation to a preventative detention order in relation to a person to be void if the Tribunal would have set the decision aside if an application for review of the decision had been able to be made to the Tribunal while the order was in force; and
(b) determine that the Commonwealth should compensate the person in relation to the person ' s detention under the order if the Tribunal declares the decision to be void under paragraph (a).

S 105.51(8) repealed by No 39 of 2024, s 3 and Sch 15 item 9, effective 14 October 2024. S 105.51(8) formerly read:

(8)
If the Administrative Appeals Tribunal makes a determination under paragraph (7)(b), the Commonwealth is liable to pay the compensation determined by the Tribunal.

S 105.51(9) repealed by No 39 of 2024, s 3 and Sch 15 item 9, effective 14 October 2024. S 105.51(9) formerly read:

(9)
The provisions of the Administrative Appeals Tribunal Act 1975 apply in relation to an application to the Administrative Appeals Tribunal for review of a decision referred to in subsection (5) with the modifications specified in the regulations made under this Act.