South Australian Consolidated Acts South Australian Consolidated Acts12A—Basis for applying for, and making, prohibited contact orders
(1) A police officer
may apply for a prohibited contact order in relation to a person only if the
police officer meets the requirements of subsection (3).
(2) An
issuing authority may make a prohibited contact order in relation to the
detention of a person under a preventative detention order only if the
issuing authority meets the requirements of subsection (3).
(3) A person meets the
requirements of this subsection if the person is satisfied that making the
prohibited contact order is reasonably necessary—
(a) to
avoid a risk to action being taken to prevent a terrorist act occurring; or
(b) to
prevent serious harm to a person; or
(c) to
preserve evidence of, or relating to, a terrorist act; or
(d) to
prevent interference with the gathering of information about—
(i)
a terrorist act; or
(ii)
the preparation for, or the planning of, a terrorist act;
or
(e) to
avoid a risk to—
(i)
the arrest of a person who is suspected of having
committed an offence against this Part; or
(ii)
the taking into custody of a person in relation to whom a
preventative detention order is in force, or in relation to whom a
preventative detention order is likely to be made; or
(iii)
the service on a person of a control order under
Part 5.3 of the Criminal Code of the Commonwealth.
(4) An
issuing authority may refuse to make a prohibited contact order unless the
police officer applying for the order gives the issuing authority further
information that the issuing authority requests concerning the grounds on
which the order is sought.