Terrorism (Preventative Detention) Act 2005 (Qld)

Terrorism (Preventative Detention) Act 2005

An Act to authorise preventative detention in connection with terrorist acts, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Terrorism (Preventative Detention) Act 2005.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Object The object of this Act 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, in the near future from occurring; or (b) preserve evidence of, or relating to, a recent terrorist act. Note— Section 53 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.

4 Definitions The dictionary in the schedule defines particular words used in this Act.

5 Act binds all persons (1) This Act binds all persons, including the State, and so far as the legislative power of the Parliament permits, the other States and the Commonwealth. (2) Nothing in this Act makes a State or the Commonwealth liable to be prosecuted for an offence.

6 Extraterritorial application of Act (1) This Act applies— (a) within Queensland; and (b) in the adjacent area for Queensland. (2) The powers and functions conferred under this Act in relation to a terrorist act or suspected terrorist act may be exercised whether the terrorist act or suspected terrorist act has been, is being, or is likely to be committed in Queensland or outside Queensland. (3) In this section— adjacent area, for Queensland, has the meaning given under the Crimes at Sea Act 2001, schedule, clause 14.