Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p90
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 90/268)
Character Range: 594407–597114

facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person);
 (iv) if the offender is subject to an order under a law of a State or Territory that is equivalent to a post‑sentence order—a copy of that order; and
 (e) if a report was obtained under section 105A.18D in relation to the offender—include a copy of the report.
Note 1: For paragraph (3)(c), the period must not be more than 3 years (see subsection 105A.7(5) and paragraph 105A.7A(4)(d)).
Note 2: Evidence may also be adduced later under section 105A.14.
Note 3: A copy of the application must be given to the terrorist offender under section 105A.14A.

105A.6  Appointment of and assessment by relevant expert
 (1) If an application for a post‑sentence order is made under section 105A.5 to a Supreme Court of a State or Territory in relation to a terrorist offender, the Court must hold a preliminary hearing to determine whether to appoint one or more relevant experts.
 (2) The hearing must be held within 28 days after a copy of the application is given to the offender under subsection 105A.14A(2).
 (3) The Court may, either at the preliminary hearing or at any later time in the proceeding, appoint one or more relevant experts if the Court considers that doing so is likely to materially assist the Court in deciding whether to make a post‑sentence order in relation to the offender.
 (3A) The AFP Minister, the offender, or a legal representative of the AFP Minister or offender, may nominate one or more relevant experts for the purposes of subsection (3).
 (4) The relevant expert who is appointed must:
 (a) conduct an assessment of the risk of the offender committing a serious Part 5.3 offence; and
 (b) provide a report of the expert's assessment to the Court, the AFP Minister and the offender.
Note: For giving documents to a terrorist offender who is in custody, see section 105A.15.

Attendance and participation at assessment
 (5) The offender must attend the assessment.
Note: The assessment may be conducted over a number of sessions.
 (5A) The answer to a question or information given at the assessment, and answering a question or giving information at the assessment, are not admissible in evidence against the offender in:
 (a) any criminal proceedings, except any proceedings relating to sentencing for an offence against Division 104 or this Division (including any appeal in relation to those proceedings); or
 (b) any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings).
 (6) The Court must ensure that the