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

110   Subsections 105A.12(4) and (5) of the Criminal Code

Repeal the subsections, substitute:

Affirming or revoking the order

(4) The Court may affirm the order (including affirm the order with variations made under section 105A.12A) if, after having regard to the matters in section 105A.6B, the Court is satisfied that the Court:

(a) for a continuing detention order - could have made the order under section 105A.7; or

(b) for an extended supervision order - could have made the order under section 105A.7A, or could have made the order disregarding paragraph 105A.7A(1)(c).

Note: The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 105A.6B, as referred to in subsection (4) of this section (see subsection 105A.6B(3) and section 105A.13).

(5) If the review is of a continuing detention order, and the Court does not affirm the order under subsection (4), the Court must:

(a) consider making an extended supervision order in relation to the offender under section 105A.7A; and

(b) seek the following material from the AFP Minister:

(i) a copy of the proposed conditions that would be sought for an extended supervision order;

(ii) an explanation as to why each of the proposed conditions should be imposed on the offender;

(iii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender - a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person); and

(c) if the court does not make an extended supervision order in relation to the offender - revoke the continuing detention order.

Note: If the Court makes an extended supervision order in relation to the offender, the continuing detention order is revoked under subsection 105A.7A(6).

(5AA) If the Court does not affirm an extended supervision order under subsection (4), the Court must revoke the order.