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

82   After section 105A.6 of the Criminal Code

Insert:

105A.6A Determining an application for a post-sentence order

Determining applications for continuing detention orders

(1) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender, the Court may determine the application by:

(a) making a continuing detention order under section 105A.7; or

(b) making an extended supervision order under section 105A.7A; or

(c) dismissing the application.

Determining applications for extended supervision orders

(2) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for an extended supervision order in relation to a terrorist offender, the Court may determine the application by:

(a) making an extended supervision order under section 105A.7A; or

(b) dismissing the application.

105A.6B Matters a Court must have regard to in making a post-sentence order

(1) In deciding whether the Court is satisfied as referred to in paragraph 105A.7(1)(b) or 105A.7A(1)(b) in relation to a terrorist offender, a Supreme Court of a State or Territory must have regard to the following matters:

(a) the object of this Division;

(b) any report of an assessment received from a relevant expert, and the level of the offender's participation in the assessment, under:

(i) section 105A.6; or

(ii) section 105A.18D;

(c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious Part 5.3 offence, and the level of the offender's participation in any such assessment;

(d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:

(i) the relevant State or Territory corrective services; or

(ii) any other person or body who is competent to assess that extent;

(e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender's participation in any such programs;

(f) the level of the offender's compliance with any obligations to which the offender is or has been subject while:

(i) on release on parole for any offence referred to in paragraph 105A.3(1)(a); or

(ii) subject to a post-sentence order, interim post-sentence order or control order;

(g) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence referred to in paragraph 105A.3(1)(a);

(h) the views of the sentencing court at the time any sentence for any offence referred to in paragraph 105A.3(1)(a) was imposed on the offender;

(ha) whether the offender is subject to any order under a law of a State or Territory that is equivalent to a post-sentence order, and if so, the conditions of the order;

(i) any other information as to the risk of the offender committing a serious Part 5.3 offence.

(2) Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant.

(3) To avoid doubt, section 105A.13 (civil evidence and procedure rules in relation to post-sentence order proceedings) applies to the Court's consideration of the matters referred to in subsections (1) and (2) of this section.