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 E - Provisions relating to post-sentence order proceedings  

SECTION 105A.18   Consequences of sentences ending or orders ceasing to be in force  

(1)    

This section applies in relation to a post-sentence order proceeding if:

(a)    

the proceeding is any of the following:

(i) a proceeding on an application for a post-sentence order in relation to a terrorist offender;

(ii) an appeal against a decision to dismiss such an application;

(iii) an appeal against a decision to revoke a post-sentence order in relation to a terrorist offender;

(iv) an appeal against a decision (including in a review of such an order) to specify a particular period for which such an order will be in force;

(v) an appeal against a decision under section 105A.15A to stay a post-sentence order proceeding in relation to a terrorist offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and

(b)    

before the application or appeal is determined (whether before or after the appeal is made)one of the following events occurs:

(i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a) , (4)(a) , (5)(d) or (7)(a) ends;

(ia) (Repealed by No 131 of 2021)

(ii) a post-sentence order or interim post-sentence order in relation to the offender ceases to be in force;

(iia) the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) in relation to the offender ceases to be in force;

(iii) a post-sentence order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.

(2)    

For the purposes of the post-sentence order proceeding, the offender is taken to remain a terrorist offender:

(a)    who is detained in custody in a prison serving a sentence of imprisonment; or

(b)    in relation to whom a post-sentence order, interim post-sentence order or control order is in force;

despite the event in subsection (1) occurring.

Power of police officer to detain terrorist offender

(3)    
If a continuing detention order or interim detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b):

(a) any police officer may take the offender into custody; and

(b) any police officer may detain the offender;

for the purpose of giving effect to the order.

(4)    
A police officer, in:

(a) taking the offender into custody; or

(b) detaining the offender;

under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.

(5)    
In subsection (4):

offence
means:

(a) if the police officer is an AFP member - an offence against a law of the Commonwealth; or

(b) if the police officer is not an AFP member - an offence against a law of the State or Territory of whose police force the police officer is a member.