Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision C - Carrying out preventative detention orders  

SECTION 105.19   Power to detain person under preventative detention order  

(1)   General powers given by preventative detention order.  

While a preventative detention order is in force in relation to a person:

(a) any police officer may take the person into custody; and

(b) any police officer may detain the person.

(2)    
A police officer, in taking a person into custody under and in detaining a person under a preventative detention order, has the same powers and obligations as the police officer would have if the police officer were arresting the person, or detaining the person, for an offence.

(3)    
In subsection (2):

offence
means:

(a) if the police officer is an AFP member - an offence against a law of the Commonwealth; or

(b) if the police officer is not an AFP member - an offence against a law of the State or Territory of whose police force the police officer is a member.

(4)    
Subsection (2) does not apply to the extent to which particular powers, and the obligations associated with those powers, are provided for in this Subdivision or Subdivision D or E.

(5)   Nominated senior AFP member.  

If a preventative detention order is made in relation to a person, the Commissioner of the Australian Federal Police must nominate a senior AFP member (the nominated senior AFP member ) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

(6)    
The nominated senior AFP member must be someone who was not involved in the making of the application for the preventative detention order.

(7)    
The nominated senior AFP member must:

(a) oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

(b) without limiting paragraph (a), ensure that the provisions of section 105.17 (which deals with revocation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and

(c) receive and consider any representations that are made under subsection (8).

(8)    
The following persons:

(a) the person being detained under the preventative detention order;

(b) a lawyer acting for that person in relation to the preventative detention order;

(c) a person with whom that person has contact under subsection 105.39(2) ;

are entitled to make representations to the nominated senior AFP member in relation to:

(d) the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

(e) without limiting paragraph (a), compliance with the provisions of section 105.17 (which deals with revocation of preventative detention orders and prohibited contact orders) in relation to the preventative detention order; and

(f) the person ' s treatment in connection with the person ' s detention under the preventative detention order.

(9)    
The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner ' s powers under subsection (5).