Terrorism (Preventative Detention) Act 2006 (WA)

Western Australia Terrorism (Preventative Detention) Act 2006 Western Australia Terrorism (Preventative Detention) Act 2006 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Object 1 4. Terms used in this Act 1 5. Meaning of "reasonably suspects" 1 6. Meaning of "terrorist act" 1 7. Issuing authorities 1 8. Police officer on whom functions as to preventative detention are imposed 1 Part 2 — Preventative detention orders 9. Basis for applying for and making preventative detention orders 1 10. Authorising police officers to apply for a preventative detention order 1 11. Application for a preventative detention order 1 12. Procedure for applying for preventative detention order 1 13. Preventative detention orders 1 14. Duration of preventative detention orders 1 15. Multiple preventative detention orders 1 16. No preventative detention order in relation to person under 16 years of age 1 17. Prohibited contact order (person in relation to whom preventative detention order is being sought) 1 18. Prohibited contact order (person in relation to whom preventative detention order is already in force) 1 19. Form and notification of prohibited contact order 1 20. Revocation of preventative detention order or prohibited contact order 1 21. Status of person making preventative detention order 1 Part 3 — Review of preventative detention orders 22. Review by Supreme Court 1 23. Powers may be exercised while review is in progress 1 Part 4 — Carrying out preventative detention orders 24. Power to detain person under preventative detention order 1 25. Endorsement of order with date and time person taken into custody or detained 1 26. Exercising powers, general matters 1 27. Personal details of certain people may be obtained 1 28. Power to enter places 1 29. Use of force 1 30. Power to search people 1 31. Warrant under Part III Division 3 of the Australian Security Intelligence Organisation Act 1979 1 32. Release of person from preventative detention 1 33. Arrangement for person to be in detention in a prison or detention centre 1 34. Inspector of Custodial Services to be notified of detention 1 Part 5 — Informing person detained about preventative detention order 35. Effect of preventative detention order to be explained to person detained 1 36. Compliance with duties to inform 1 37. Copy of preventative detention order and summary of grounds 1 Part 6 — Treatment of person in detention 38. Application of Part 1 39. Humane treatment of detainee 1 40. Restriction on contact with other people 1 41. Contacting family members and home or work associates 1 42. Contacting proper authorities to make complaints, allegations of serious misconduct and representations 1 43. Contacting lawyer 1 43A. Contact with approved religious or spiritual adviser 1 44. Monitoring contact with family members, home or work associates, lawyer or approved religious or spiritual adviser 1 45. Special contact rules for people under 18 or incapable of managing their own affairs 1 46. Disclosure offences 1 47. Detainee not to be questioned while in detention 1 48. Taking identification material 1 49. Use of identification material 1 50. Offences of contravening safeguards 1 Part 7 — Miscellaneous 51. Commissioner's functions may be performed by others 1 52. Nature of functions of Magistrate 1 53. Restrictions on publicity about proceedings in Supreme Court 1 54. Quarterly report about preventative detention orders 1 55. Powers of others not affected 1 56. Law relating to legal professional privilege not affected 1 57. Legal proceedings in relation to preventative detention orders 1 58. Regulations 1 59. Review of Act 1 60. Expiry of orders and power to make them 1 Schedule 1 — Ancillary provisions about exercising powers 1. When powers may be exercised 1 2. Assistance to exercise powers 1 3. Use of force when exercising powers 1 4. Areas may be cordoned off 1 5. Returning seized things 1 Schedule 2 — Searching people Division 1 — Preliminary 1. Terms used in this Schedule 1 2. Basic search 1 3. Strip search 1 4. Ascertaining gender of person 1 5. Powers to assist doing searches 1 Division 2 — How searches must be done 6. Operation of this Division 1 7. General procedure 1 8. Strip searches of protected people 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Terrorism (Preventative Detention) Act 2006 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. The Parliament of Western Australia enacts as follows: