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

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

Crimes Act 1914

156   Section 3ZZJA

Repeal the section, substitute:

3ZZJA Simplified outline of this Part

A Part 5.3 supervisory order is any one of the following orders made under Part 5.3 of the Criminal Code:

(a) an interim control order;

(b) a confirmed control order;

(c) an interim supervision order;

(d) an extended supervision order.

If a Part 5.3 supervisory order is in force in relation to a person, and the person has a prescribed connection with premises, a constable may enter and search the premises if:

(a) the person is the occupier of the premises and consents to the entry; or

(b) the entry is made under a monitoring warrant.

If a Part 5.3 supervisory order is in force in relation to a person, a constable may conduct an ordinary search or a frisk search of the person if:

(a) the person consents to the search; or

(b) the search is conducted under a monitoring warrant.

A search must be for any of the following purposes (most of which are called Part 5.3 objects):

(a) the protection of the public from a terrorist act;

(b) the prevention of the provision of support for, or the facilitation of, a terrorist act;

(c) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;

(d) the protection of the community from the unacceptable risk of a terrorist offender committing a serious Part 5.3 offence;

(e) determining whether the Part 5.3 supervisory order has been, or is being, complied with.