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  

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History

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.

Subdivision A - Preliminary  

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History

Subdiv A 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.

SECTION 105.1  

105.1   Object  
The object of this Division is to allow a person to be taken into custody and detained for a short period of time in order to:

(a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days from occurring; or

(b) preserve evidence of, or relating to, a recent terrorist act.

Note:

Section 105.42 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.

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History

S 105.1 amended by No 82 of 2016, s 3 and Sch 5 item 1, by substituting para (a), effective 30 November 2016. Para (a) formerly read:

(a) prevent an imminent terrorist act occurring; or

S 105.1 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.

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