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 E - Treatment of person detained  

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History

Subdiv E inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provision, see note under definition of " advocate " in s 102.1.

SECTION 105.44   Use of identification material  

(1)    
This section applies if identification material is taken under section 105.43 from a person being detained under a preventative detention order.

(2)    
The material may be used only for the purpose of determining whether the person is the person specified in the order.

Note:

A contravention of this subsection may be an offence under section 105.45 .

(3)    
If:

(a) a period of 12 months elapses after the identification material is taken; and

(b) proceedings in respect of:

(i) the preventative detention order; or

(ii) the treatment of the person in connection with the person ' s detention under the order;

have not been brought, or have been brought and discontinued or completed, within that period;

the material must be destroyed as soon as practicable after the end of that period.

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History

S 105.44 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provision, see note under definition of " advocate " in s 102.1.

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