Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 1   Main amendments

Criminal Code Act 1995

13   After subsection 104.5(1C) of the Criminal Code

Insert:

Rules relating to the period an interim control order is in force

(1D) The interim control order does not begin to be in force when it is served personally on the person if, at that time:

(a) the person is detained in custody in a prison; or

(b) an extended supervision order or interim supervision order is in force in relation to the person.

Note: An interim control order in relation to a person who is detained in non-prison custody begins to be in force when the order is served personally on the person (see paragraph (1)(d)).

(1E) The interim control order referred to in subsection (1D) instead begins to be in force when all of the following conditions are met:

(a) either of the following events occurs:

(i) the person ceases to be detained in custody in a prison;

(ii) the extended supervision order or interim supervision order ceases to be in force in relation to the person;

(b) when the event occurs:

(i) the interim control order has not been confirmed under section 104.14; and

(ii) the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person.

Note: Persons detained in non-prison custody are taken to be in the community (see section 105A.18AA).

(1F) To avoid doubt, the interim control order never comes into force if the condition in subparagraph (1E)(b)(ii) is not met.