Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_151:p1
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 151 (pt 1/2)
Character Range: 117437–120373

151  In the appropriate position in Division 106 of the Criminal Code
Insert:

106.11  Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021

Amendments relating to control orders
 (1) The following apply in relation to any interim control order or confirmed control order (whether in force before or after this section commences):
 (a) the amendments of subsections 104.5(3), (3A) and (3B) made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021;
 (b) sections 104.5A, 104.28C and 104.28D as inserted by that Schedule.
 (1A) The amendments of section 104.27 made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to conduct occurring after this section commences.

Arrangements for electronic monitoring
 (2) Section 104.28D does not affect the validity of:
 (a) any agreement in relation to the electronic monitoring of persons under control orders that was in force immediately before this section commences; or
 (b) any actions taken under or for the purposes of such an agreement before this section commences.
 (3) The amendments of Division 105A made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply (subject to this section) in relation to:
 (a) any person who, on the day this section commences, is detained in custody in a prison; and
 (b) any person who, on or after that day, begins a sentence of imprisonment for an offence referred to in:
 (i) paragraph 105A.3(1)(a) of this Code; or
 (ii) paragraph 105A.3A(5)(d) of this Code;
  (whether the conviction for the offence occurred before, on or after that day); and
 (c) any person who meets the conditions in subsection 105A.3A(8) of this Code on the day this section commences.
Note: For the definition of detained in custody in a prison, see subsection 100.1(1).
 (4) To avoid doubt, the amendments of Division 105A made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to a person referred to in paragraph (3)(a) or (c), or subparagraph (3)(b)(ii), of this section whose sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) of this Code ended before the day this section commences.

Continuing applications on foot at commencement
 (5) An application for:
 (a) a continuing detention order or interim detention order; or
 (b) a review of a continuing detention order;
made under Division 105A before this section commences that has not been finally determined at that time is taken to be an application made under that Division as amended by the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021.

Assessments of terrorist offenders
 (6) Subsection 105A.6(5A), as in force immediately