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.7B   Conditions of extended supervision orders and interim supervision orders  

(1)    
The conditions that a Court may impose on a terrorist offender by an extended supervision order or interim supervision order are:

(a)    any conditions that the Court is satisfied; and

(b)    those conditions whose combined effect the Court is satisfied;

on the balance of probabilities, are reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.

Note:

The Court may, under section 105A.7C , specify conditions from which exemptions may be granted.

(1A)    
If the terrorist offender is subject to an order under a law of a State or Territory that is equivalent to a post-sentence order, the Court must consider the conditions under that State or Territory order in imposing conditions in accordance with subsection (1) .

General rules about conditions

(2)    
To avoid doubt, without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , a condition imposed under this section may:

(a)    prohibit or restrict specified conduct of the offender, or impose obligations on the offender; or

(b)    impose restrictions and obligations on the offender in relation to classes of conduct, and prohibit other classes of that conduct; or

(c)    impose different restrictions, obligations and prohibitions in relation to different classes of conduct; or

(d)    for conduct that is prohibited by a condition described in a paragraph of subsection (3) - impose restrictions and obligations on the offender in relation to that conduct instead of prohibiting that conduct; or

(e)    for conduct described in a paragraph of subsection (3) or (5) - impose different restrictions, obligations and prohibitions in relation to that conduct.

(2A)    
A condition imposed under this section must not require the offender to remain at specified premises for more than 12 hours within any 24 hours.

General conditions

(3)    
Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following:

(a)    that the offender not be present at one or more of the following:

(i) specified areas or places;

(ii) specified classes of areas or places;

(iii) any area or place determined by a specified authority;

(b)    that the offender reside at specified premises, and not begin to reside at any other premises without the prior permission of a specified authority;

(c)    that the offender remain at specified premises between specified times each day, or on specified days, subject to subsection (2A) ;

(d)    that the offender not leave Australia, or the State or Territory in which the offender ' s residence is located;

(e)    that the offender provide a specified authority with the offender ' s passport (or passports) while the order is in force;

(f)    that the offender not change the offender ' s name, or use any name that is not specified in the order;

(g)    that the offender not apply for one or more of the following:

(i) any Australian travel document;

(ii) any travel document of a foreign country;

(iii) any licence to operate equipment, machinery, a heavy vehicle or a weapon, or any licence to possess a weapon;

(h)    that the offender not communicate or associate by any means (including through third parties) with one or more of the following:

(i) specified individuals;

(ii) specified classes of individuals;

(iii) any individuals determined by a specified authority;

(i)    that the offender not access or use specified forms of telecommunication or other technology (including the internet);

(j)    that the offender not possess or use specified articles or substances;

(k)    that the offender not carry out specified activities;

(l)    that the offender not engage in one or more of the following:

(i) specified work;

(ii) specified classes of work;

(iii) specified activities relating to specified work or classes of work;

(m)    that the offender not in engage in any training or education without the prior permission of a specified authority;

(n)    that the offender do any or all of the following:

(i) attend and participate in treatment, rehabilitation or intervention programs or activities;

(ii) undertake psychological or psychiatric assessment or counselling;

as specified in the order or as directed by a specified authority;

(o)    that the offender attend and participate in interviews and assessments (including for the purposes of paragraph (n) ) as specified in the order or as directed by a specified authority;

(p)    that the offender allow the results of the interviews and assessments referred to in paragraph (o) , and any other specified information, to be disclosed to a specified authority;

(q)    that the offender provide specified information to a specified authority within a specified period or before a specified event;

(r)    that the offender comply with any reasonable direction given to the offender by a specified authority in relation to any specified condition (whether or not the condition is imposed in accordance with this subsection).

Note:

See also subsection (8) and sections 100.1 and 105A.2 in relation to references to premises, reside or residence, and work.

(4)    
If a condition of the order authorises a specified authority to give a direction, the specified authority may give a direction only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to:

(a)    the condition; or

(b)    the object of this Division (see section 105A.1 ).

Conditions relating to monitoring and enforcement

(5)    
Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following:

(a)    that the offender submit to testing by a specified authority in relation to the possession or use of specified articles or substances;

(b)    that the offender allow himself or herself to be photographed by a specified authority;

(c)    that the offender allow impressions of the offender ' s fingerprints to be taken by a specified authority;

(d)    that the offender be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring;

(e)    a condition that:

(i) the person carry at all times a specified mobile phone; and

(ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and

(iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the condition in subparagraph (i) or (ii);

(f)    that the offender attend at places, and report to persons, at times, specified:

(i) in the order; or

(ii) by a specified authority;

(g)    that the offender allow visits at specified premises from, and entry to specified premises by, a specified authority at any time for the purpose of ensuring the offender ' s compliance with a condition imposed in accordance with paragraph (3)(c) ;

(h)    that the offender provide a specified authority with a schedule setting out the offender ' s proposed movements for a specified period and comply with that schedule during the period;

(i)    that the offender allow any police officer to enter specified premises and:

(i) search the offender; and

(ii) search the offender ' s residence or any premises which the offender intends to be the offender ' s residence; and

(iii) search any other premises under the offender ' s control; and

(iv) seize any item found during those searches, including to allow the item to be examined forensically;

(j)    that the offender facilitate access (including by providing passwords or in any other way) to one or more of the following:

(i) electronic equipment or technology;

(ii) any data held within, or accessible from, any electronic equipment or technology;

owned or controlled by the offender, for the purposes of a police officer searching and seizing any such equipment or accessing such data (or both).

Note 1:

For paragraphs (5)(b) and (c) , restrictions apply to the use of photographs or impressions of fingerprints (see section 105A.7D ).

Note 2:

For paragraph (5)(d) , see also section 105A.7E (obligations relating to monitoring devices).

(6)    
A power exercised under a condition imposed in accordance with subsection (5) (other than a power to give a direction) may be exercised only if the person exercising the power is satisfied that it is reasonably necessary to do so in order to:

(a)    give effect to the order; or

(b)    facilitate or monitor compliance with the order.

Access to lawyers

(7)    
This section does not affect the offender ' s right to contact, communicate or associate with the offender ' s lawyer unless the offender ' s lawyer is a specified individual, or an individual in a specified class of individuals, as mentioned in paragraph (3)(h) . If the offender ' s lawyer is so specified, the offender may contact, communicate or associate with any other lawyer who is not so specified.

References to work

(8)    
In subsection (3) , a reference to work includes a reference to voluntary work.