Queensland Numbered Acts Queensland Numbered Acts(1) A police officer may apply for a preventative detention order for a person only if the police officer meets the requirements of subsection (3) or (5).
(2) The issuing authority may make a preventative detention order for a person only if the issuing authority meets the requirements of subsection (3) or (5).
(3) The police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied--
(a) there are reasonable grounds to suspect that the person--
(i) will engage in a terrorist act; or
(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or
(iii) has done an act in preparation for, or in planning, a terrorist act; and
(b) making the order would substantially assist in preventing a terrorist act occurring; and
(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.
(4) For subsection (3), a terrorist act must be imminent and, in any event, be expected to occur at some time in the next 14 days.
(5) Also, the police officer or issuing authority meets the requirements of this subsection if the police officer or issuing authority is satisfied on reasonable grounds--
(a) a terrorist act has occurred within the last 28 days; and
(b) it is necessary to detain the person to preserve evidence in Queensland or elsewhere of, or relating to, the terrorist act; and
(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving the evidence.
(6) The issuing authority may refuse to make a preventative detention order unless the police officer applying for the order gives the issuing authority any further information that the issuing authority requests about the facts and other grounds on which the police officer making the application considers the order should be made.