Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p112
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 112/268)
Character Range: 649790–652631

order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1).

Onus of satisfying court
 (6) The AFP Minister bears the onus of satisfying the Court of the matters referred to in subsection (1), (3) or (4).

Subdivision E—Provisions relating to post‑sentence order proceedings

105A.13  Civil evidence and procedure rules in relation to post‑sentence order proceedings
 (1) A Supreme Court of a State or Territory must, subject to subsection (2), apply the rules of evidence and procedure for civil matters during a post‑sentence order proceeding.
 (2) Despite anything in the rules of evidence and procedure, the Court may receive in evidence in the proceeding evidence of:
 (a) the level of the offender's compliance with any conditions (however described) to which he or she is or has been subject while:
 (i) on release on parole for any offence; or
 (ii) subject to an extended supervision order, interim supervision order or control order; and
 (b) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence.

105A.14  Adducing evidence and making submissions
  A party to a post‑sentence order proceeding in a Supreme Court of a State or Territory may adduce evidence (including by calling witnesses or producing material), or make submissions, to the Court in relation to the proceeding.

105A.14A  Giving copies of applications etc. to terrorist offenders
 (1) This section applies if the AFP Minister, or a legal representative of the AFP Minister, (the applicant) applies to a Supreme Court of a State or Territory for:
 (a) a post‑sentence order or interim post‑sentence order; or
 (b) a variation of an extended supervision order or interim supervision order under section 105A.9B; or
 (c) a review of a post‑sentence order;
in relation to a terrorist offender.
 (2) Within 2 business days after the application is made, the applicant must (subject to sections 105A.14B to 105A.14D) give a copy of the application to the offender personally, and to the offender's legal representative.
Note: For giving documents to a terrorist offender who is in prison, see section 105A.15.
 (3) If the Court seeks material from the AFP Minister under paragraph 105A.7(2)(a), 105A.9(8)(a) or 105A.12(5)(b), within 2 business days after the material is provided to the Court, the applicant must (subject to sections 105A.14B to 105A.14D) give a copy of the material to the offender personally, and to the offender's legal representative.
 (4) If:
 (a) the post‑sentence order or interim post sentence order is made or varied; and
 (b) neither the offender nor a legal representative of the offender is present during the proceedings in which the order is made