Chapter 1 – Report of the Policy, Law and Complaints Group laws, and 14 days under a combination of Commonwealth and state laws. This preventive detention order can be found under Division 105 of the Criminal Code Act 1995.19 It further provides the bases for preventive detention orders (see Division 105.4 of the Criminal Code Act 1995).20 Here, the notion of detention is merely to supress any possibility of imminent danger and loss of vital evidence, but at the same time the detained person is allowed to contact his family members, to obtain legal representation, to be treated humanely and not subjected to torture, and to receive a copy of the preventive detention order with a summary of the reasons for the order.21 (ii) Powers of the Prevention of Terrorism Board The creation of the Prevention of Terrorism Board (the Board) under Section 8(1) of POTA is similar to the Board created under the Prevention of Crime Act 1959 (PCA). Under POTA, except for the qualification of the Board’s Chairman, the Act is silent with respect to the qualifications of the other members. In addition, the selection process of the Board is not clearly defined. The Commission opines that this process should be made transparent. That aside, the more important issue is the role of the Board. Although it has been argued that the Board is the central element of POTA that will provide safeguards against any abuse of the law, the Commission is not convinced that the Board would be able to effectively carry out its intended role. The Board is incapacitated by the limited powers enshrined under Section 13, which is only to agree to the recommendations made by the Inquiry Officer (IO).22 POTA 19 Criminal Code Act 1995 : http://www.comlaw.gov.au/Details/C2015C00097 20 Criminal Code Act 1995 Division 105.4: Basis for applying for, and making, preventative detention orders (1) An AFP member may apply for a preventative detention order in relation to a person only if the AFP member meets the requirements of subsection (4) or (6). (4) A person meets the requirements of this subsection if: (a) in the case of an AFP member—the member suspects, on reasonable grounds, that the subject: (i) will engage in a terrorist act; or (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (iii) has done an act in preparation for, or planning, a terrorist act; and (b) in the case of an issuing authority—the issuing authority is satisfied there are reasonable grounds to suspect that the subject: (i) will engage in a terrorist act; or (ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (iii) has done an act in preparation for, or planning, a terrorist act; and (c) the person is satisfied that making the order would substantially assist in preventing a terrorist act occurring; and (d) the person is satisfied that detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in paragraph (c). Criminal Code Act 1995 retrieved at: http://www.comlaw.gov.au/Details/C2015C00097 21 Rights under Preventive Detention Order: http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/Preventativedetentionorders.aspx 22 Power to order detention and restriction 61 BOOK-ANR2016-01-latest.indb 61 08/04/2016 3:32 PM