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.15   Giving documents to terrorist offenders who are in custody  

(1)    

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A document that is required to be given under this Division to a terrorist offender who is detained in custody is taken to have been given to the offender at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient ):

(a)    the legal representative of the offender;

(b)    

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if the offender does not have a legal representative - the chief executive officer (however described) of the prison or other facility in which the offender is detained, or a delegate of the chief executive officer.

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History

S 105A.15(1) amended by No 131 of 2021, s 3 and Sch 1 items 121A and 121B, by substituting " in custody " for " in a prison " and inserting " or other facility in which the offender is detained " in para (b), effective 9 December 2021.

(2)    
The recipient must, as soon as reasonably practicable, give the document to the offender personally.

(3)    
Once the recipient has done so, he or she must notify the Court and the person who gave the recipient the document, in writing:

(a)    that the document has been given to the offender; and

(b)    of the day that document was so given.

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History

S 105A.15 inserted by No 95 of 2016, s 3 and Sch 1 item 1, effective 7 June 2017.

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