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 F - Miscellaneous  

SECTION 105A.23   Warning about post-sentence orders when sentencing for certain offences  

(1)    

This section applies if:

(a)    a court is sentencing a person who has been convicted of:

(i) an offence referred to in paragraph 105A.3(1)(a) ; or

(ii) an offence against section 105A.18A or subsection 105A.18B(1) if paragraph 105A.3A(4)(b) applies in relation to the person; or

(b)    both of the following apply:

(i) a court is sentencing a person who has been convicted of an offence referred to in section 104.27 or subsection 104.27A(1) ;

(ii) the Director of Public Prosecutions informs the court that a warning must be given under this section.

(1A)    

The court must:

(a)    warn the person that an application may be made under this Division for:

(i) a continuing detention order requiring the person to be detained in custody in a prison after the end of the person ' s sentence; or

(ii) an extended supervision order imposing conditions on the person after the end of the person ' s sentence, a contravention of which is an offence; and

(b)    inform the person that the application may be made:

(i) if paragraph (1)(a) applies - before the end of the sentence for that offence, or before the end of any later sentence if the person is continuously detained in custody in a prison; or

(ii) if paragraph (1)(b) applies - before the end of the sentence for the offence referred to in that paragraph.

(2)    
A failure by the court to comply with subsection (1) does not:

(a)    affect the validity of the sentence for the offence; or

(b)    prevent an application from being made under this Division in relation to the person.