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 C - Making post-sentence orders  

SECTION 105A.7A   Making an extended supervision order  

(1)    
A Supreme Court of a State or Territory may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C , if:

(a)    any of the following applies:

(i) an application is made in accordance with section 105A.5 for an extended supervision order in relation to a terrorist offender;

(ii) an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender, and the Court is not satisfied as mentioned in paragraph 105A.7(1)(b) or (c) (or both);

(iii) the Court has reviewed under section 105A.12 a continuing detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.12(4)(a) ; and

(b)    after having regard to matters in accordance with section 105A.6B , the Court is satisfied on the balance of probabilities, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence; and

(c)    the Court is satisfied on the balance of probabilities that:

(i) each of the conditions; and

(ii) the combined effect of all of the conditions;

to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from that unacceptable risk.

Determining whether conditions are reasonably necessary, appropriate and adapted

(2)    
For the purposes of paragraph (1)(c) , in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1 ).

Onus of satisfying Court

(3)    
The AFP Minister bears the onus of satisfying the Court of the matters referred to in paragraphs (1)(b) and (c) .

Content of order

(4)    
The order must:

(a)    state that the Court is satisfied of the matters mentioned in paragraphs (1)(b) and (c) ; and

(b)    specify the name of the offender to whom the order relates; and

(c)    specify all of the conditions, and any exemption conditions, that are to be imposed in accordance with section 105A.7B or 105A.7C on the offender by the order; and

(d)    specify the period during which the order is to be in force, which must be a period of no more than 3 years that the Court is satisfied is reasonably necessary to prevent the unacceptable risk; and

(e)    state that the offender ' s lawyer may request a copy of the order.

Note:

The order may be suspended during the period that it is in force if the offender is detained in custody in a prison (see section 105A.18C ).

Court may make successive extended supervision orders

(5)    
To avoid doubt, paragraph (4)(d) does not prevent a Supreme Court of a State or Territory making an extended supervision order in relation to a terrorist offender that begins to be in force immediately after a previous extended supervision order, or continuing detention order, in relation to the offender ceases to be in force.

Automatic revocation of continuing detention orders etc.

(6)    
A continuing detention order or interim detention order that is in force in relation to a terrorist offender is revoked by force of this subsection if:

(a)    a Court makes an extended supervision order in relation to the offender; and

(b)    the continuing detention order or interim detention order is in force immediately before the extended supervision order begins to be in force.