Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 (119 of 2019)

Schedule 2   Amendments relating to continuing detention orders

Part 2   Giving information in applications to offenders

Criminal Code Act 1995

16   Subsection 105A.5(6) of the Criminal Code

Repeal the subsection (including the note), substitute:

(6) However, the applicant must (subject to subsection (7)) give the offender personally a complete copy of the application if:

(a) the decision-maker decides not to take any of the actions referred to in any of paragraphs (5)(a) to (d); or

(b) the Minister gives a certificate referred to in paragraph (5)(a); or

(c) the Court makes an order in relation to action taken by the decision-maker under paragraph (5)(b) or (d).

Note: For giving an offender documents, see section 105A.15.

(7) Subsection (6) is subject to:

(a) the certificate referred to in paragraph (5)(a); or

(b) any order made by the Court.

(8) The copy of the application must be given:

(a) within 2 business days of:

(i) the decision-maker's decision not to take any of the actions referred to in any of paragraphs (5)(a) to (d); or

(ii) the giving of the certificate referred to in paragraph (5)(a); or

(iii) the order referred to in paragraph (6)(c) being made; and

(b) within a reasonable period before the preliminary hearing referred to in section 105A.6.

Public interest immunity

(9) If information (however described) is excluded from an application on the basis of public interest immunity as mentioned in paragraph (3)(aa), the applicant must give written notice to the offender personally stating that the information has been excluded on the basis of public interest immunity. The notice must be given at the time that a copy of the application is given to the offender.

(10) To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.

Note: The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.