Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)
Schedule 1 Extended supervision orders
Part 1 Main amendments
Criminal Code Act 1995
102 Subsection 105A.10(1B) of the Criminal Code
Repeal the subsection, substitute:
(1B) The application must be made:
(a) before the end of 12 months after the order began to be in force (unless paragraph (b) or (c) applies); or
(b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory - before the end of 12 months after the most recent review ended (unless paragraph (c) applies); or
(c) if paragraph (a) or (b) would otherwise apply and, at the time described in that paragraph, the post-sentence order is suspended under section 105A.18C because the offender is detained in custody in a prison - on or before the day the offender's detention in a prison ends.
(1C) Despite subsection (1A), an application for a review is not required if an application for a new post-sentence order in relation to the offender has been made and not withdrawn.
Review must be conducted before end of period