Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 106 - Transitional provisions  

SECTION 106.11   Application provision for certain amendments in the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021  

Amendments relating to control orders

(1)    
The following apply in relation to any interim control order or confirmed control order (whether in force before or after this section commences):

(a)    the amendments of subsections 104.5(3) , (3A) and (3B) made by Schedule 1 to the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 ;

(b)    sections 104.5A , 104.28C and 104.28D as inserted by that Schedule.

(1A)    
The amendments of section 104.27 made by Schedule 1 to the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to conduct occurring after this section commences.

Arrangements for electronic monitoring

(2)    
Section 104.28D does not affect the validity of:

(a)    any agreement in relation to the electronic monitoring of persons under control orders that was in force immediately before this section commences; or

(b)    any actions taken under or for the purposes of such an agreement before this section commences.

(3)    
The amendments of Division 105A made by Schedule 1 to the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply (subject to this section) in relation to:

(a)    any person who, on the day this section commences, is detained in custody in a prison; and

(b)    any person who, on or after that day, begins a sentence of imprisonment for an offence referred to in:

(i) paragraph 105A.3(1)(a) of this Code; or

(ii) paragraph 105A.3A(5)(d) of this Code;

(whether the conviction for the offence occurred before, on or after that day); and

(c)    any person who meets the conditions in subsection 105A.3A(8) of this Code on the day this section commences.

Note:

For the definition of detained in custody in a prison , see subsection 100.1(1) .

(4)    
To avoid doubt, the amendments of Division 105A made by Schedule 1 to the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to a person referred to in paragraph (3)(a) or (c) , or subparagraph (3)(b)(ii) , of this section whose sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) of this Code ended before the day this section commences.

Continuing applications on foot at commencement

(5)    
An application for:

(a)    a continuing detention order or interim detention order; or

(b)    a review of a continuing detention order;

made under Division 105A before this section commences that has not been finally determined at that time is taken to be an application made under that Division as amended by the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 .

Assessments of terrorist offenders

(6)    
Subsection 105A.6(5A) , as in force immediately after this section commences, applies in relation to assessments undertaken after that time.

(7)    
Subsection 105A.6(9) , as in force immediately after this section commences, applies in relation to assessments undertaken before or after that time.

Photographs and impressions of fingerprints

(8)    
Section 105A.7D applies in relation to photographs and impressions of fingerprints taken after this section commences.

Providing applications and material

(9)    
Sections 105A.14A to 105A.14D apply in relation to applications made after this section commences.

AFP Minister may direct terrorist offenders to be assessed

(10)    
Section 105A.18D applies in relation to any terrorist offender who is described in subsection 105A.18D(1) at the time, or any time after, this section commences.

Annual reports

(11)    
The amendments of section 105A.22 apply in relation to any 30 June that occurs after this section commences.

Sentencing warning

(12)    
Section 105A.23 applies in relation to any sentence imposed after this section commences.

Other amendments

(13)    
The amendments of sections 105A.11 , 105A.12 and 105A.12A , and section 105A.18C , apply in relation to:

(a)    any post-sentence order that is in force when this section commences; or

(b)    any post-sentence order that is made after that time.