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 CA - Making interim post-sentence orders  

SECTION 105A.9   Interim detention orders  

(1)    
The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim detention order in relation to a terrorist offender if an application has been made to the Court for a continuing detention order in relation to the offender.

Determining the application

(1A)    
On receiving the application for the interim detention order, the Court must hold a hearing to determine whether to make the order.

(1B)    

The Court may determine the application by:

(a)    making an interim detention order under subsection (2) ; or

(b)    making an interim supervision order under section 105A.9A ; or

(c)    dismissing the application.

Making an interim detention order

(2)    
The Court may make a written order under this subsection if:

(a)    

the Court is satisfied that any of the following periods will end before the application for the continuing detention order has been determined:

(i) if subsection 105A.3A(1) , (3) , (4) or (5) applies - the sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a) , (4)(a) or (5)(d) ;

(ia) (Repealed by No 131 of 2021)

(ii) the period for which a continuing detention order or an interim detention order is in force in relation to the offender; and

(b)    the Court is satisfied that there are reasonable grounds for considering that a continuing detention order will be made in relation to the offender.

Note:

More than one interim detention order can be made in relation to a person (see subsection (6) ).

(3)    
The effect of the order is to commit the offender to detention in a prison while the order is in force.

Period of order

(4)    
The order must specify the period during which it is in force.

Note:

The order may be suspended during the period that it is in force if the offender is detained in custody in a prison other than as a result of the order (see section 105A.18C ).

(5)    
The period must be a period of no more than 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order.

(6)    

The total period of all interim detention orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order must not be more than 3 months, unless the Court is satisfied that there are exceptional circumstances.

Treatment of certain offenders covered by interim detention orders

(7)    
While an interim detention order is in force in relation to the offender, section 105A.4 applies as if a continuing detention order were in force in relation to the offender.

Note:

Section 105A.4 deals with the treatment of a terrorist offender who is in a prison under a continuing detention order.

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 .