Terrorism (Preventative Detention) Act 2005 (SA)

South Australia Terrorism (Preventative Detention) Act 2005 An Act to authorise temporary detention in order to prevent the occurrence of a terrorist act or preserve evidence of, or relating to, a recent terrorist act; and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Object 3 Interpretation 4 Issuing authorities and limitation on powers 5 Police officer detaining person under preventative detention order Part 2—Preventative detention orders 6 Basis for applying for, and making, preventative detention orders 7 No preventative detention order in relation to person under 16 years of age 8 Restrictions on multiple preventative detention orders 9 Application for preventative detention order 10 Making of preventative detention order 11 Duration of preventative detention order 12 Extension of preventative detention order 12A Basis for applying for, and making, prohibited contact orders 13 Prohibited contact order (person in relation to whom preventative detention order is being sought) 14 Prohibited contact order (person in relation to whom preventative detention order is already in force) 15 Revocation of preventative detention order or prohibited contact order 16 Status of person making preventative detention order Part 3—Review of preventative detention orders 17 Review of preventative detention order 18 Review not to affect extension etc of preventative detention order Part 4—Carrying out preventative detention orders 19 Power to detain person under preventative detention order 20 Endorsement of order with date and time person taken into custody 21 Requirement to provide name etc 22 Power to enter premises 23 Use of force 24 Power to conduct a frisk search 25 Power to conduct an ordinary search 26 Warrant under section 34E of the Australian Security Intelligence Organisation Act 1979 27 Release of person from preventative detention 28 Arrangement for detainee to be held in prison or remand centre Part 5—Informing person detained about preventative detention order 29 Effect of preventative detention order to be explained to person detained 30 Person being detained to be informed of extension of preventative detention order 31 Compliance with obligations to inform 32 Copy of preventative detention order Part 6—Treatment of person detained 33 Humane treatment of person being detained 33A Detention of persons under 18 34 Restriction on contact with other people 35 Contacting family members etc 36 Contacting Office for Public Integrity 37 Contacting lawyer 38 Monitoring contact with family members etc or lawyer 39 Special contact rules for person under 18 or incapable of managing own affairs 40 Entitlement to contact subject to prohibited contact order 41 Disclosure offences 42 Questioning of person prohibited while person is detained 43 Taking identification material 44 Use of identification material 45 Offences of contravening safeguards Part 7—Miscellaneous 46 Nature of functions of Magistrate 47 Supreme Court to establish procedures for ensuring secrecy of proceedings under this Act while terrorist threat exists 48 Annual report 50 Law relating to legal professional privilege not affected 51 Legal proceedings in relation to preventative detention orders 51A Evidentiary provision 52 Sunset provision Legislative history