South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269NE

269NE—Administrative detention for defendant released on licence under this Division

        (1)         If a defendant who has been released on licence under a Division 3A order contravenes or is likely to contravene a condition of the licence, the prescribed authority may issue an order (an "administrative detention order") that the defendant be detained in a specified place for a specified period (which must not exceed 14 days).

        (2)         An administrative detention order must—

            (a)         be directed to the Commissioner of Police and police officers generally; and

            (b)         be in writing in the form approved by the Minister.

        (3)         A person in respect of whom an administrative detention order has been issued who is taken into the care and control of a police officer under this Subdivision must be given a copy of the order as soon as practicable.

        (4)         The progress and circumstances of a person detained under an administrative detention order must be reviewed as soon as reasonably practicable after the person is so detained—

            (a)         to determine whether an application should be made to the court for a review of the Division 3A order to which the person is subject; and

            (b)         for any other purpose as the prescribed authority thinks fit in the circumstances.

        (5)         Despite subsection (1), a person who has been detained under an administrative detention order cannot be detained under another such order unless a period of at least 14 days has elapsed since the expiry of the previous administrative detention order.