Schedule
-
The Criminal Code
Section
3
CHAPTER 5
-
THE SECURITY OF THE COMMONWEALTH
Part 5.3
-
Terrorism
Division 105A
-
Post-sentence orders
History
Div 105A heading substituted by No 131 of 2021, s 3 and Sch 1 item 49, effective 9 December 2021. The heading formerly read:
Division 105A
-
Continuing detention orders
Div 105A inserted by No 95 of 2016, s 3 and Sch 1 item 1, effective 7 June 2017.
Subdivision E
-
Provisions relating to post-sentence order proceedings
History
Subdiv E heading amended by No 131 of 2021, s 3 and Sch 1 item 115, by substituting
"
post-sentence order
"
for
"
continuing detention order
"
, effective 9 December 2021.
Subdiv E inserted by No 95 of 2016, s 3 and Sch 1 item 1, effective 7 June 2017.
SECTION 105A.13
Civil evidence and procedure rules in relation to post-sentence order proceedings
(1)
A Supreme Court of a State or Territory must, subject to subsection
(2)
, apply the rules of evidence and procedure for civil matters during a post-sentence order proceeding.
History
105A.13(1) amended by No 131 of 2021, s 3 and Sch 1 item 117, by substituting
"
post-sentence order
"
for
"
continuing detention order
"
, effective 9 December 2021.
(2)
Despite anything in the rules of evidence and procedure, the Court may receive in evidence in the proceeding evidence of:
(a)
the level of the offender
'
s compliance with any conditions (however described) to which he or she is or has been subject while:
(i)
on release on parole for any offence; or
(ii)
subject to an extended supervision order, interim supervision order or control order; and
(b)
the offender
'
s history of any prior convictions for, and findings of guilt made in relation to, any offence.
History
105A.13(2) amended by No 131 of 2021, s 3 and Sch 1 item 118, by substituting para (a), effective 9 December 2021. Para (a) formerly read:
(a)
the level of the offender
'
s compliance with any obligations to which he or she is or has been subject while on release on parole for any offence; and
S 105A.13 inserted by No 95 of 2016, s 3 and Sch 1 item 1, effective 7 June 2017.