Western Australian Numbered Acts Western Australian Numbered Acts
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 section 34D 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 Parliamentary Commissioner, Corruption and Crime Commission or Inspector of Custodial Services
43. Contacting lawyer
44. Monitoring contact with family members, home or work associates or lawyer
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
[Assented to 22 September 2006]