Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TERRORISM (PREVENTATIVE DETENTION) ACT 2006 (NO. 42 OF 2006) - SECT 4

4 .         Terms used in this Act

        (1)         In this Act, unless the contrary intention appears —

        “allegation of misconduct” has the meaning given to that term in the Corruption and Crime Commission Act 2003 section 4;

        “ASIO Act” means the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;

        “Commissioner” means the Commissioner of Police appointed under the Police Act 1892 or a person acting in that office;

        “corresponding law” means —

            (a)         Division 105 of the Criminal Code of the Commonwealth and the regulations and other instruments made under that Division; or

            (b)         a law of another State or a Territory that provides for preventative detention of persons in relation to terrorist acts (including any law of another State or a Territory that is declared by the regulations to be a corresponding law);

        “ Corruption and Crime Commission” means the Corruption and Crime Commission under the Corruption and Crime Commission Act 2003 ;

        “detention centre” has the meaning given to that term in the Young Offenders Act 1994 section 3;

        "evidence of, or relating to, a terrorist act" includes anything that —

            (a)         was or may have been used;

            (b)         is or may be being used; or

            (c)         is about to be or may be used,

                to do a terrorist act or in preparing to do a terrorist act;

        "identification material", in relation to a person, means —

            (a)         an identifying particular of the person; or

            (b)         a recording of the person’s voice or a sample of the person’s handwriting;

        “identifying particular” has the meaning given to that term in the Criminal Investigation (Identifying People) Act 2002 section 17;

        “Inspector of Custodial Services” means the Inspector of Custodial Services under the Inspector of Custodial Services Act 2003 ;

        “institution” means a prison or a detention centre;

        “issuing authority” means an issuing authority appointed under section 7;

        “judge” means a judge of the Supreme Court;

        “lawyer” has the meaning given to the term legal practitioner in the Legal Practice Act 2003 section 3;

        “lock-up” has the same meaning as that term has in the Prisons Act 1981 ;

        “national security” has the meaning given to that term in section 8 of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth;

        “Parliamentary Commissioner” means the Parliamentary Commissioner for Administrative Investigations under the Parliamentary Commissioner Act 1971 ;

        “permitted detention period” has the meaning given to that term in section 13(2)(b)(ii);

        “place” means any land, building or structure, or a part of any land, building or structure;

        “preventative detention order” means an order made under section 13;

        “prison” has the meaning given to that term in the Prisons Act 1981 section 3(1);

        “prohibited contact order” means an order made under section 17 or 18;

        “reasonably suspects” has the meaning given to that term by section 5;

        “seizable item” means anything that —

            (a)         would present a danger to a person;

            (b)         could be used to assist a person to escape from lawful custody; or

            (c)         could be used to contact another person or to operate a device remotely;

        “senior police officer” means a police officer of or above the rank of Superintendent ;

        “terrorist act” has the meaning given to that term in section 6 .

        (2)         A reference in section 13(3)(a) or (5) or 15(4) or (6) to a number of days is a reference to the number of hours in that number of days.

        (3)         Notes in this Act are provided to assist understanding and do not form part of this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback