Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p11
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/15)
Character Range: 37237–39870

legal representative
 (1) This section applies if:
 (a) a continuing detention order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and
 (b) the offender, due to circumstances beyond the offender's control, is unable to engage a legal representative in relation to the proceeding.
 (2) The Court may make either or both of the following orders:
 (a) an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;
 (b) an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender's legal representation for the proceeding.
 (3) The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:
 (a) whether circumstances are beyond the offender's control;
 (b) reasonable costs and expenses of the offender's legal representation for the proceeding.
 (4) This section does not limit any other power of the Court.

105A.16  Reasons for decisions
  A Supreme Court of a State or Territory that makes a continuing detention order decision in a continuing detention order proceeding must:
 (a) state the reasons for its decision; and
 (b) cause those reasons to be entered in the records of the Court; and
 (c) cause a copy of any order it made to be provided to each party to the proceeding.

105A.17  Right of appeal
 (1) An appeal lies to the court of appeal (however described) of a State or Territory if:
 (a) the Supreme Court of the State or Territory makes a continuing detention order decision; and
 (b) the court of appeal has jurisdiction to hear appeals from the Supreme Court in relation to civil matters.
 (2) The appeal is to be by way of rehearing. In particular, in relation to the appeal, the court of appeal:
 (a) subject to this subsection, has all the powers, functions and duties that the Supreme Court has in relation to the relevant continuing detention order proceedings; and
 (b) may draw inferences of fact which are not inconsistent with the findings of the Supreme Court; and
 (c) may receive further evidence as to questions of fact (orally in court, by affidavit or in any other way) if the court of appeal is satisfied that there are special grounds for doing so.
 (3) The appeal against the decision of the Supreme Court may be made:
 (a) as of right, within 28 days after the day on which the decision was made; or
 (b) by leave, within such further time as the court of appeal allows.
 (4) The making of the appeal does not stay the operation of