Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision D - Review of post-sentence order  

SECTION 105A.11   Review of post-sentence order on application  

(1)    

The following persons may apply to a Supreme Court of a State or Territory for review of a post-sentence order:

(a)    the AFP Minister or a legal representative of the AFP Minister;

(b)    a terrorist offender, or a legal representative of a terrorist offender, in relation to whom the post-sentence order is in force.

Note 1:

For the process for reviewing a post-sentence order, see section 105A.12 .

Note 2:

A copy of the application must be given to the terrorist offender under section 105A.14A .

(1A)    

The application must include a copy of any report obtained under section 105A.18D for the purposes of determining whether an application for a review of the extended supervision order should be made.

(2)    
The Court may review the order if the Court is satisfied that:

(a)    there are new facts or circumstances which would justify reviewing the order; or

(b)    it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.

(3)    
Otherwise, the Court must dismiss the application.

(4)    

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 .