Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p85
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 85/268)
Character Range: 581840–584673

a post‑sentence order may apply to and effect of post‑sentence orders
 (1) A post‑sentence order may be made under section 105A.7 or 105A.7A in relation to a person (the terrorist offender) if:
 (a) the person has been convicted of:
 (i) an offence against Subdivision A of Division 72 (international terrorist activities using explosive or lethal devices); or
 (ii) a serious Part 5.3 offence; or
 (iii) an offence against Part 5.5 (foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (publishing recruitment advertisements); or
 (iv) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978, except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements); and
 (b) a subsection of section 105A.3A provides that the order may be made in relation to the person; and
 (c) the person will be at least 18 years old when the sentence for the conviction referred to in paragraph (a) of this subsection ends.
Note: Before making the order, a Court must be satisfied of certain matters under section 105A.7 or 105A.7A.

Effect of continuing detention order
 (2) The effect of a continuing detention order is to commit the person to detention in a prison for the period the order is in force.
Note 1: The period must not be more than 3 years (see subsection 105A.7(5)).
Note 2: See also:
(a) section 105A.18C (effect of detention on post‑sentence order); and
(b) subsection 105A.21(2) (arrangements with States and Territories); and
(c) section 105A.24 (effect of continuing detention orders on bail or parole laws).

Effect of an extended supervision order
 (3) The effect of an extended supervision order is to impose on the person, for the period the order is in force, conditions contravention of which is an offence.
Note 1: The period must not be more than 3 years (see paragraph 105A.7A(4)(d)).
Note 2: See also section 105A.18C (effect of detention on post‑sentence order).

105A.3A  Preconditions for post‑sentence orders

Post‑sentence orders—person imprisoned for paragraph 105A.3(1)(a) offence
 (1) A post‑sentence order may be made in relation to a person if the person is detained in custody in a prison serving a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a).

Post‑sentence orders—continuing detention order in force
 (2) A post‑sentence order may be made in relation to a person if a continuing detention order or interim detention order is in force in relation to the person.

Post‑sentence orders—person imprisoned for other offences
 (3) A post‑sentence order may be made in relation to a person if:
 (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence other than an offence referred to in paragraph 105A.3(1)(a); and
 (b) either:
 (i)