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

67   Subsection 105A.5(2A) of the Criminal Code

Repeal the subsection, substitute:

(2A) The AFP Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer or intelligence or security officer that would reasonably be regarded as supporting a finding that:

(a) if the application is for a continuing detention order - neither a continuing detention order nor an extended supervision order should be made in relation to the offender; or

(b) if the application is for an extended supervision order - the extended supervision order should not be made in relation to the offender.