Terrorism (Preventative Detention) Act 2005 (Tas)

Terrorism (Preventative Detention) Act 2005

An Act to allow persons to be taken into custody and detained in order to prevent an imminent terrorist act occurring or preserve evidence of, or relating to, a recent terrorist act and for related matters [Royal Assent 13 January 2006]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

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 proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – AFP employee has the same meaning as in the Australian Federal Police Act 1979 of the Commonwealth; AFP member has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; authorised police officer means a police officer appointed by the Commissioner of Police under subsection (2) ; Commonwealth control order has the same meaning as"control order" has in Part 5.3 of the Commonwealth Criminal Code; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; corresponding preventative detention law means – (a) Division 105 of the Commonwealth Criminal Code; or (b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that – (i) corresponds or correspond to this Act; or (ii) is or are declared by the regulations to correspond to this Act; Director of Corrective Services has the same meaning as in the Corrections Act 1997 ; identification material, in relation to a person, means samples taken from a part of the person's body from which a DNA profile may be derived, prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or photographs (including video recordings) of the person; interim preventative detention order means an interim preventative detention order made by the Supreme Court under section 7 ; lawyer means an Australian legal practitioner; premises includes – (a) land; and (b) a building or vehicle; and (c) a part of a building or vehicle; and (d) any place, whether built on or not; prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; preventative detention order means an order made under section 7 , as varied under section 16 or 17 , and includes an interim preventative detention order; prison has the same meaning as in the Corrections Act 1997 ; prohibited contact order means an order made under section 14 or 15 , as varied under section 16 or 17 ; seizable item means anything that – (a) could present a danger to a person; or (b) could be used to assist a person to escape from lawful custody; or (c) could be used to contact another person or to operate a device remotely; senior police officer means a police officer of or above the rank of Assistant Commissioner; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; thing includes any object, article or material; vehicle means any thing capable of transporting people or things by air, road, rail or water, regardless of how the thing is moved or propelled. (2) The Commissioner of Police may appoint in writing police officers, or a class or classes of police officers, to be authorised police officers for the purpose of making applications under sections 5 , 15 and 17 . (3) A note in the text of this Act does not form part of this Act.