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

94   At the end of section 105A.9 of the Criminal Code

Add:

When Court does not make interim detention order

(8) If the Court is not satisfied as mentioned in paragraph (2)(b), then the Court must:

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

(i) a copy of the proposed conditions that would be sought for an interim 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

(b) consider whether to make an interim supervision order under section 105A.9A.

Note: A copy of the material must be given to the terrorist offender under section 105A.14A.