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  

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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  

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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)    

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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.

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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)    

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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.

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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.

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