Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p8
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 8/15)
Character Range: 29815–32445

in a prison under a continuing detention order.

Subdivision D—Review of continuing detention order

105A.10  Periodic review of continuing detention order
 (1A) The Attorney‑General, or a legal representative of the Attorney‑General, must, before the end of the period referred to in subsection (1B), apply to a Supreme Court of a State or Territory for a review of a continuing detention order that is in force in relation to a terrorist offender.
Note: For when an application is not required to be made, see subsection (2).
 (1B) The application must be made before the end of the period of 12 months after:
 (a) the order began to be in force; or
 (b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory—the most recent review ended.
 (1) On receiving the application, the Court must begin the review of the order before the end of that period.
Note: For the process for reviewing a continuing detention order, see section 105A.12.
 (2) Despite subsection (1), an application for a review, and a review, are not required if an application for a new continuing detention order in relation to the offender has been made and not withdrawn.
 (3) The application must be made to the Court of the State or Territory where the prison in which the offender is detained is located.
 (4) If an application is not made in accordance with this section, the order ceases to be in force at the end of the period referred to in subsection (1B).

105A.11  Review of continuing detention order on application
 (1) A terrorist offender, or a legal representative of a terrorist offender, in relation to whom a continuing detention order is in force may apply to a Supreme Court of a State or Territory for review of the order.
Note: For the process for reviewing a continuing detention order, see section 105A.12.
 (2) The Court may review the order if the Court is satisfied that:
 (a) there are new facts or circumstances which would justify reviewing the order; or
 (b) it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.
 (3) Otherwise, the Court must dismiss the application.
 (4) The application must be made to the Supreme Court of the State or Territory where the prison in which the offender is detained is located.

105A.12  Process for reviewing a continuing detention order
 (1) This section applies if, under section 105A.10 or 105A.11, a Supreme Court of a State or Territory reviews a continuing detention order that is in force in relation to a terrorist offender.

Parties to the