Queensland Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 No. 73 - SECT 11

11 Restrictions on subject matter of multiple preventative detention orders

(1) Nothing in subsections (2) to (4) prevents the making of--

(a) a final order for a person for a terrorist act following the making of an initial order for the person for the same terrorist act; or
(b) an order extending, or further extending, an existing preventative detention order; or
(c) any order following the making of an order for a person's detention under a corresponding law of the Commonwealth.

(2) If--

(a) a preventative detention order, or an order for a person's detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
(b) the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing the same terrorist act occurring within that period.

Note--
It will be possible to apply for, and make, another preventative detention order for the person on the basis of preserving evidence of, or relating to, the terrorist act if it occurs.

(3) If--

(a) a preventative detention order, or an order for a person's detention under a corresponding law of another State, is made for a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and
(b) the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available to be put before the issuing authority only after the order mentioned in paragraph (a) was made.

(4) If--

(a) a preventative detention order, or an order for a person's detention under a corresponding law of another State, is made for a person on the basis of preserving evidence of, or relating to, a terrorist act; and
(b) the person is taken into custody under the order;

a preventative detention order can not be applied for, or made, under this Act for the person on the basis of preserving evidence of, or relating to, the same terrorist act.



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