Western Australian Current Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2006

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Object
            
   4.      Terms used in this Act
            
   5.      Meaning of “reasonably suspects”
            
   6.      Meaning of “terrorist act”
            
   7.      Issuing authorities
            
   8.      Police officer on whom functions as to preventative detention are imposed

   PART 2 -- Preventative detention orders  

   9.      Basis for applying for and making preventative detention orders
            
   10.     Authorising police officers to apply for a preventative detention order
            
   11.     Application for a preventative detention order
            
   12.     Procedure for applying for preventative detention order
            
   13.     Preventative detention orders
            
   14.     Duration of preventative detention orders
            
   15.     Multiple preventative detention orders
            
   16.     No preventative detention order in relation to person under 16 years of age
            
   17.     Prohibited contact order (person in relation to whom preventative detention order is being sought)
            
   18.     Prohibited contact order (person in relation to whom preventative detention order is already in force)
            
   19.     Form and notification of prohibited contact order
            
   20.     Revocation of preventative detention order or prohibited contact order
            
   21.     Status of person making preventative detention order

   PART 3 -- Review of preventative detention orders  

   22.     Review by Supreme Court
            
   23.     Powers may be exercised while review is in progress

   PART 4 -- Carrying out preventative detention orders  

   24.     Power to detain person under preventative detention order
            
   25.     Endorsement of order with date and time person taken into custody or detained
            
   26.     Exercising powers, general matters
            
   27.     Personal details of certain people may be obtained
            
   28.     Power to enter places
            
   29.     Use of force
            
   30.     Power to search people
            
   31.     Warrant under Part III Division 3 of the Australian Security Intelligence Organisation Act 1979
            
   32.     Release of person from preventative detention
            
   33.     Arrangement for person to be in detention in a prison or detention centre
            
   34.     Inspector of Custodial Services to be notified of detention

   PART 5 -- Informing person detained about preventative detention order  

   35.     Effect of preventative detention order to be explained to person detained
            
   36.     Compliance with duties to inform
            
   37.     Copy of preventative detention order and summary of grounds

   PART 6 -- Treatment of person in detention  

   38.     Application of Part
            
   39.     Humane treatment of detainee
            
   40.     Restriction on contact with other people
            
   41.     Contacting family members and home or work associates
            
   42.     Contacting proper authorities to make complaints, allegations of serious misconduct and representations
            
   43.     Contacting lawyer
            
   43A.    Contact with approved religious or spiritual adviser
            
   44.     Monitoring contact with family members, home or work associates, lawyer or approved religious or spiritual adviser
            
   45.     Special contact rules for people under 18 or incapable of managing their own affairs
            
   46.     Disclosure offences
            
   47.     Detainee not to be questioned while in detention
            
   48.     Taking identification material
            
   49.     Use of identification material
            
   50.     Offences of contravening safeguards

   PART 7 -- Miscellaneous  

   51.     Commissioner’s functions may be performed by others
            
   52.     Nature of functions of Magistrate
            
   53.     Restrictions on publicity about proceedings in Supreme Court
            
   54.     Quarterly report about preventative detention orders
            
   55.     Powers of others not affected
            
   56.     Law relating to legal professional privilege not affected
            
   57.     Legal proceedings in relation to preventative detention orders
            
   58.     Regulations
            
   59.      Review of Act
            
   60.     Expiry of orders and power to make them
           SCHEDULE 1 -- Ancillary provisions about exercising powers  
           SCHEDULE 2 -- Searching people