Queensland Numbered Acts Queensland Numbered Acts(1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.
Note--
A person may be released, for example, so that the person who is charged with an offence may be arrested and otherwise dealt with on the charge.
(2) However, the police officer may not release the person without the approval of a senior police officer if the person is being released so that the person may be dealt with under an ASIO warrant.
(3) The police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention.
(4) The statement must be signed by the police officer.
(5) Subsection (3) does not apply if the police officer releases the person from detention so that the person may be dealt with--
(a) under an ASIO warrant; or
(b) under the provisions of the Crimes Act 1914 (Cwlth), part 1AA, division 4 and part 1C; or
(c) on a charge of an offence.
(6) To remove any doubt, it is declared that a person may be taken to have been released from detention under a preventative detention order even if--
(a) the person is informed that he or she is being released from detention under the order; and
(b) the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.
(7) To remove any doubt, it is declared that a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.
Note--
During this period, the provisions of this Act that apply to a person who is being detained under a preventative detention order (for example, section 55, which deals with the people the person may contact) do not apply to the person.
(8) To remove any doubt, it is declared that--
(a) the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force for the person; and
Note--
This means that the time for which the person may be detained under the order continues to run while the person is released.
(b) the person, after being released under subsection (1) from detention under a preventative detention order, may again be taken into custody and detained under the order at any time while the order remains in force for the person.