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 B - Preventative detention orders  

SECTION 105.16   Prohibited contact order (person in relation to whom preventative detention order is already in force)  

(1)    
If a preventative detention order is in force in relation to a person (the subject ) an AFP member may apply to an issuing authority for preventative detention orders of that kind for a prohibited contact order under this section in relation to the subject ' s detention under the preventative detention order.

(1A)    
The application may be made either:

(a) in writing (other than writing by means of an electronic communication); or

(b) if the AFP member considers it necessary because of urgent circumstances - orally in person or by telephone, or by fax, email or other electronic means of communication.

(2)    
The application must set out:

(a) the terms of the order sought; and

(b) the facts and other grounds on which the AFP member considers that the order should be made.

(3)    
If:

(a) the preventative detention order is a continued preventative detention order; and

(b) the application for the prohibited contact order is made in accordance with paragraph (1A)(a);

the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member.

(3A)    
If:

(a) the preventative detention order is a continued preventative detention order; and

(b) the application for the prohibited contact order is made in accordance with paragraph (1A)(b);

the information in the application for the prohibited contact order must be sworn or affirmed by the AFP member unless the issuing authority is satisfied that it is not practical to administer an oath or affirmation to the member.

(4)    
The issuing authority may, subject to subsection (4A), make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact the person specified in the prohibited contact order.

Note:

Section 105.14A sets out the basis on which the order may be made.

(4A)    
If the application for the prohibited contact order is made orally in person or by telephone, or by fax, email or other electronic means of communication, the issuing authority must not make the order unless the issuing authority is satisfied that it was necessary, because of urgent circumstances, to apply for the order by such means.

(5)    
The prohibited contact order must be in writing.

(6)    
The senior AFP member nominated under subsection 105.19(5) in relation to the preventative detention order must;

(a) notify the Commonwealth Ombudsman in writing of the making of the prohibited contact order; and

(b) give the Commonwealth Ombudsman a copy of the prohibited contact order; and

(c) notify the Parliamentary Joint Committee on Intelligence and Security in writing of the making of the prohibited contact order.

(7)    
If the prohibited contact order is made on an application that was made orally, the issuing authority must either:

(a) ensure there is an audio, or audio-visual, recording of the application; or

(b) as soon as practicable after the order is made, make a written record of the details of the application, including any information given in support of it.