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.12A   Varying post-sentence orders after review  

Varying the period specified by a post-sentence order

(1)    
A Supreme Court of a State or Territory must vary a post-sentence order in relation to a terrorist offender to specify a shorter period for which the order will be in force if:

(a)    the Court affirms the order under subsection 105A.12(4) ; and

(b)    the Court is not satisfied that the period currently specified is reasonably necessary to prevent the unacceptable risk of the offender committing a serious Part 5.3 offence.

The shorter period must be a period that the Court is satisfied is reasonably necessary to prevent the unacceptable risk.

Note:

See section 105A.9E for the terms of a varied extended supervision order.

Varying or removing conditions

(2)    
A Supreme Court of a State or Territory must vary, or remove, a condition imposed by an extended supervision order if:

(a)    the Court affirms the order under subsection 105A.12(4) ; and

(b)    the Court is not satisfied that the condition is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.

(3)    
The Court must be satisfied that a condition that is varied under subsection (2) is (after the variation) reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.

Varying to add conditions

(4)    
The Court may vary an extended supervision order to add one or more conditions if the Court is satisfied that the conditions are reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.

Object of this Division

(5)    
For the purposes of subsections (3) and (4) , in determining whether a condition to be varied or imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1 ).

Onus of satisfying court

(6)    
The AFP Minister bears the onus of satisfying the Court of the matters referred to in subsection (1) , (3) or (4) .