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

149   Subsection 105A.23(1) of the Criminal Code

Repeal the subsection, substitute:

(1) This section applies if:

(a) a court is sentencing a person who has been convicted of:

(i) an offence referred to in paragraph 105A.3(1)(a); or

(ii) an offence against section 105A.18A or subsection 105A.18B(1) if paragraph 105A.3A(4)(b) applies in relation to the person; or

(b) both of the following apply:

(i) a court is sentencing a person who has been convicted of an offence referred to in section 104.27 or subsection 104.27A(1);

(ii) the Director of Public Prosecutions informs the court that a warning must be given under this section.

(1A) The court must:

(a) warn the person that an application may be made under this Division for:

(i) a continuing detention order requiring the person to be detained in custody in a prison after the end of the person's sentence; or

(ii) an extended supervision order imposing conditions on the person after the end of the person's sentence, a contravention of which is an offence; and

(b) inform the person that the application may be made:

(i) if paragraph (1)(a) applies - before the end of the sentence for that offence, or before the end of any later sentence if the person is continuously detained in custody in a prison; or

(ii) if paragraph (1)(b) applies - before the end of the sentence for the offence referred to in that paragraph.