Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p88
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 88/268)
Character Range: 589439–592137

in paragraph (3)(a) of this section or the other sentences were imposed before or after, or at the same time as, the sentence for the offence referred to in paragraph 105A.3(1)(a); and
 (d) whether or not the person has been continuously serving a sentence of imprisonment for an offence since being convicted of the offence referred to in paragraph 105A.3(1)(a).
 (10) To avoid doubt, subsection (7) applies whether the offence for which the person is serving the sentence of imprisonment is an offence against a law of the Commonwealth, a State or a Territory.

105A.4  Treatment of a terrorist offender in a prison under a continuing detention order
 (1) A terrorist offender who is detained in custody in a prison under a continuing detention order must be treated in a way that is appropriate to his or her status as a person who is not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain:
 (a) the management, security or good order of the prison; and
 (b) the safe custody or welfare of the offender or any prisoners; and
 (c) the safety and protection of the community.
 (2) The offender must not be accommodated or detained in the same area or unit of the prison as persons who are in prison for the purpose of serving sentences of imprisonment unless:
 (a) it is reasonably necessary for the purposes of rehabilitation, treatment, work, education, general socialisation or other group activities; or
 (b) it is necessary for the security or good order of the prison or the safe custody or welfare of the offender or prisoners; or
 (c) it is necessary for the safety and protection of the community; or
 (d) the offender elects to be so accommodated or detained.
 (3) This section does not apply if the offender is serving a sentence of imprisonment.

Subdivision C—Making post‑sentence orders

105A.5  Applying for a post‑sentence order
 (1) The AFP Minister, or a legal representative of the AFP Minister, (the applicant) may apply to a Supreme Court of a State or Territory for either of the following:
 (a) a continuing detention order in relation to a terrorist offender;
 (b) an extended supervision order in relation to a terrorist offender.
Note: The court may make an extended supervision order under section 105A.7A even if a continuing detention order is applied for.
 (2) However, the application may not be made more than 12 months before the end of:
 (a) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a); or
 (b) if a post‑sentence order is in force in relation to the offender—the period for which the order is in force; or
 (c) if subsection 105A.3A(8) applies