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 105.3  

105.3   Police officer detaining person under a preventative detention order  
If:

(a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and

(b) an obligation is expressed in this Division to be imposed on the police officer detaining the person;

the obligation is imposed at that time on:

(c) if those police officers include only one AFP member - that AFP member; or

(d) if those police officers include 2 or more AFP members - the most senior of those AFP members; or

(e) if those police officers do not include an AFP member - the most senior of those police officers.

Note:

See also paragraph 105.27(2)(c) .

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History

S 105.3 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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