Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105 - Preventative detention ordersThe AFP Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division during the year ended on that 30 June.
(2)
Without limiting subsection (1) , a report relating to a year must include the following matters: (a) the number of initial preventative detention orders made under section 105.8 during the year; (b) the number of continued preventative detention orders made under section 105.12 during the year; (c) whether a person was taken into custody under each of those orders and, if so, how long the person was detained for; (d) particulars of:
(i) any complaints made or referred to the Commonwealth Ombudsman during the year that related to the detention of a person under a preventative detention order; and
(e) the number of prohibited contact orders made under sections 105.15 and 105.16 during the year; (f) the number of preventative detention orders, and the number of prohibited contact orders, that a court has found not to have been validly made or that the Administrative Appeals Tribunal has declared to be void.
(ii) any information given under section 40SA of the Australian Federal Police Act 1979 during the year that related to the detention of a person under a preventative detention order and raised an AFP conduct or practices issue (within the meaning of that Act);
[ CCH Note: S 105.47(2) will be amended by No 39 of 2024, s 3 and Sch 15 item 8, by omitting " or that the Administrative Appeals Tribunal has declared to be void " from para (f), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
(3)
The AFP Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
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