Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 1   Main amendments

Criminal Code Act 1995

2   Subsection 100.1(1) of the Criminal Code

Insert:

detained in custody has the meaning given by subsection (3A).

detained in custody in a prison has the meaning given by subsection (3B).

detained in non-prison custody has the meaning given by subsection (3C).

immigration detention has the same meaning as in the Migration Act 1958.

interim post-sentence order has the meaning given by section 105A.2.

monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.

Note: See also the definition of related monitoring equipment in this subsection.

personal information has the same meaning as in the Privacy Act 1988.

post-sentence order has the meaning given by section 105A.2.

related monitoring equipment , in relation to a monitoring device, means any electronic equipment necessary for operating the monitoring device.

reside includes reside temporarily.

residence includes temporary residence.

specified authority : a person, or person in a class of persons, is a specified authority for a requirement or condition in a control order, an extended supervision order or interim supervision order in relation to another person (the subject ) if:

(a) the person or class is any of the following:

(i) a police officer, or class of police officer;

(ii) if the requirement or condition relates to electronic monitoring - a person, or class of person, who is involved in electronically monitoring the subject;

(iii) for any requirement or condition in the order - any other person, or class of person; and

(b) the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and

(c) the person or class is specified in the order.