Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p109
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 109/268)
Character Range: 642328–645002

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 post‑sentence order on application
 (1) The following persons may apply to a Supreme Court of a State or Territory for review of a post‑sentence order:
 (a) the AFP Minister or a legal representative of the AFP Minister;
 (b) a terrorist offender, or a legal representative of a terrorist offender, in relation to whom the post‑sentence order is in force.
Note 1: For the process for reviewing a post‑sentence order, see section 105A.12.
Note 2: A copy of the application must be given to the terrorist offender under section 105A.14A.
 (1A) The application must include a copy of any report obtained under section 105A.18D for the purposes of determining whether an application for a review of the extended supervision order should be made.
 (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 Court of the State or Territory where:
 (a) for a continuing detention order—the prison in which the offender is detained is located; or
 (b) for an extended supervision order—the offender resides.
Note: See section 100.1 for the definition of reside.

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

Parties to the review
 (2) The parties to the review are:
 (a) the AFP Minister; and
 (b) the offender.

Relevant experts
 (3) The Court may appoint one or more relevant experts for the purposes of the review. If the Court does so, subsections 105A.6(4) to (7) apply in relation to the review.
 (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).
 (3B) Subsection (3) does not prevent the AFP Minister, the offender, or a legal representative of the AFP Minister or offender, from calling his or her own relevant expert as a witness in the review.

Affirming or revoking the order
 (4) The Court may affirm the order (including affirm the order with variations made under section 105A.12A) if, after having regard to the matters in section