An Act to amend the Terrorism (Police Powers) Act 2002 in relation to the detention in a correctional or juvenile detention centre of a person subject to a preventative detention order under that Act.

1   Name of Act

This Act is the Terrorism (Police Powers) Amendment (Preventative Detention Orders) Act 2007.

2   Commencement

This Act commences on the date of assent to this Act.

3   Amendment of Terrorism (Police Powers) Act 2002 No 115

The Terrorism (Police Powers) Act 2002 is amended as set out in Schedule 1.

4   Repeal of Act

(1)  This Act is repealed on the day following the day on which this Act commences.

(2)  The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1 Amendment

(Section 3)

Section 26X Arrangement for detainee to be held in prison

Insert after section 26X (2):

  

(2A)  The provisions of or made under the Crimes (Administration of Sentences) Act 1999 or the Children (Detention Centres) Act 1987 (as the case requires) apply to the subject when detained under an arrangement in force under this section in the same way as they apply to an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a detainee (within the meaning of the Children (Detention Centres) Act 1987), except to the extent that any such provision:

(a)  is inconsistent with a requirement of this Part or the arrangement, or

(b)  entitles a person to visit the subject or entitles the subject to communicate with another person (unless this Part also confers the entitlement), or

(c)  is excluded under subsection (3).

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Terrorism (Police Powers) Amendment (Preventative Detention Orders) Act 2007 No 11. Assented to 15.6.2007. Date of commencement, assent, sec 2.