Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
View history note
Hide history noteIn this Division:
Commonwealth law enforcement officer
has the meaning given by Part
7.8
.
continuing detention order
means an order made under subsection
105A.7(1)
.
continuing detention order decision
(Repealed by No 131 of 2021)
continuing detention order proceeding
(Repealed by No 131 of 2021)
exemption condition
(Repealed by No 96 of 2023)
extended supervision order
means an order made under subsection
105A.7A(1)
.
intelligence or security officer
has the meaning given by Part
10.6
.
interim detention order
means an order made under subsection
105A.9(2)
.
interim post-sentence order
means an interim detention order or an interim supervision order.
interim supervision order
means an order made under subsection
105A.9A(4)
.
post-sentence order
means a continuing detention order or an extended supervision order.
post-sentence order decision
means:
(a) a decision on an application for a post-sentence order or an interim post-sentence order; or
(b) a decision on an application to vary an extended supervision order or interim supervision order; or
(c) a decision in a review of a post-sentence order to affirm, revoke or vary the order; or
(d) a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).
Note:
See also subsection (2) .
post-sentence order proceeding
means a proceeding under Subdivision
C
,
CA
,
CB
or
D
.
premises
includes a place, an aircraft, a vehicle and a vessel.
prison
includes any gaol, lock-up or remand centre.
relevant expert
means any of the following persons who is competent to assess the risk of a terrorist offender committing a serious Part
5.3
offence:
(a) a person who is:
(i) registered as a medical practitioner under a law of a State or Territory; and
(ii) a fellow of the Royal Australian and New Zealand College of Psychiatrists;
(b) any other person registered as a medical practitioner under a law of a State or Territory;
(c) a person registered as a psychologist under a law of a State or Territory;
(d) any other expert.
serious Part 5.3 offence
means an offence against this Part, the maximum penalty for which is 7 or more years of imprisonment.
(a) has the meaning given by subsection 105A.3(1) ; and
(b) includes a person who meets the conditions in paragraphs 105A.3(1)(a) and (c) and:
(i) paragraphs 105A.3A(4)(a) and (b) ; or
(ii) paragraphs 105A.3A(5)(a) to (e) .
Note:
This definition is affected by sections 105A.2A and 105A.18 .
(2)
To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a post-sentence order or interim post-sentence order is not made until the Court determines the application in accordance with section 105A.6A or subsection 105A.9(1B) or 105A.9A(3) .
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