Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision D
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Review of post-sentence order
SECTION 105A.10
Periodic review of post-sentence order
When application for review must be made
(1A)
The AFP Minister, or a legal representative of the AFP Minister, must, before the end of the period referred to in subsection (1B) , apply to a Supreme Court of a State or Territory for a review of a post-sentence order that is in force in relation to a terrorist offender.
(1B)
The application must be made: (a) before the end of 12 months after the order began to be in force (unless paragraph (b) or (c) applies); or (b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory - before the end of 12 months after the most recent review ended (unless paragraph (c) applies); or (c) if paragraph (a) or (b) would otherwise apply and, at the time described in that paragraph, the post-sentence order is suspended under section 105A.18C because the offender is detained in custody in a prison - on or before the day the offender ' s detention in a prison ends.
(1C)
Despite subsection (1A) , an application for a review is not required if an application for a new post-sentence order in relation to the offender has been made and not withdrawn.
Review must be conducted before end of period
(1)
On receiving the application, the Court must begin the review of the order before the end of that period.
(2)
(Repealed by No 131 of 2021)
Where application must be made
(3)
The application must be made to the Court of the State or Territory where: (a) for a continuing detention order - the prison in which the offender is detained is located; or (b) for an extended supervision order - the offender resides.
Order ceases to be in force if application not made
(4)
If an application is not made in accordance with this section, the order ceases to be in force at the end of the period referred to in subsection (1B).
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
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Hide history noteWhen application for review must be made
(1A)
The AFP Minister, or a legal representative of the AFP Minister, must, before the end of the period referred to in subsection (1B) , apply to a Supreme Court of a State or Territory for a review of a post-sentence order that is in force in relation to a terrorist offender.
Note 1:
For when an application is not required to be made, see subsection (2).
Note 2:
A copy of the application must be given to the terrorist offender under section 105A.14A .
(1B)
The application must be made: (a) before the end of 12 months after the order began to be in force (unless paragraph (b) or (c) applies); or (b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory - before the end of 12 months after the most recent review ended (unless paragraph (c) applies); or (c) if paragraph (a) or (b) would otherwise apply and, at the time described in that paragraph, the post-sentence order is suspended under section 105A.18C because the offender is detained in custody in a prison - on or before the day the offender ' s detention in a prison ends.
(1C)
Despite subsection (1A) , an application for a review is not required if an application for a new post-sentence order in relation to the offender has been made and not withdrawn.
Review must be conducted before end of period
(1)
On receiving the application, the Court must begin the review of the order before the end of that period.
Note:
For the process for reviewing a post-sentence order, see section 105A.12 .
(2)
(Repealed by No 131 of 2021)
Where application must be made
(3)
The application must be made to the Court of the State or Territory where: (a) for a continuing detention order - the prison in which the offender is detained is located; or (b) for an extended supervision order - the offender resides.
Note:
See section 100.1 for the definition of reside .
Order ceases to be in force if application not made
(4)
If an application is not made in accordance with this section, the order ceases to be in force at the end of the period referred to in subsection (1B).
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