Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

National Security Information (Criminal and Civil Proceedings) Act 2004

192   At the end of subsection 38I(1)

Add:

Note 2: The court may not make an order under subsection 38J(2), (3) or (4) if the proceeding under Division 105A of the Criminal Code relates to an application for a CDO (see subsections 38J(1) and (1A) of this Act, and the definition of Division 105A ESO proceeding in section 7 of this Act). If the court decides not to make the CDO and hears evidence in a closed hearing in relation to an ESO, the court could reconsider whether to make the CDO. However, the court could not take that evidence into account in determining whether to make the CDO.