Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p83
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 83/268)
Character Range: 576645–579585

the person's detention under the State order.
 (3) If:
 (a) the person applies to the court for:
 (i) review of the application for, or the making of, the Commonwealth order or the person's treatment in connection with the person's detention under the Commonwealth order; or
 (ii) a remedy in relation to the application for, or the making of, the Commonwealth order or the person's treatment in connection with the person's detention under the Commonwealth order; and
 (b) the person applies to the court for an order under this subsection;
the court may order the Commissioner of the Australian Federal Police to give the court, and the parties to the proceedings, the information that was put before the person who issued the Commonwealth order when the application for the Commonwealth order was made.
 (4) Subsection (3) does not require information to be given to the court, or the parties to the proceedings, if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
 (5) This section has effect:
 (a) without limiting subsection 105.51(1); and
 (b) subject to subsection 105.51(2).
 (6) Nothing in this section affects the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceedings.

105.53  Sunset provision
 (1) A preventative detention order, or a prohibited contact order, that is in force at the end of 7 December 2026 ceases to be in force at that time.
 (2) A preventative detention order, and a prohibited contact order, cannot be applied for, or made, after 7 December 2026.

Division 105A—Post‑sentence orders

Subdivision A—Object and definitions

105A.1  Object
  The object of this Division is to protect the community from serious Part 5.3 offences by providing that terrorist offenders who pose an unacceptable risk of committing such offences are subject to:
 (a) a continuing detention order; or
 (b) an extended supervision order.

105A.2  Definitions
 (1) In this Division:
Commonwealth law enforcement officer has the meaning given by Part 7.8.
continuing detention order means an order made under subsection 105A.7(1).
extended supervision order means an order made under subsection 105A.7A(1).
intelligence or security officer has the meaning given by Part 10.6.
interim detention order means an order made under subsection 105A.9(2).
interim post‑sentence order means an interim detention order or an interim supervision order.
interim supervision order means an order made under subsection 105A.9A(4).
post‑sentence order means a continuing detention order or an extended supervision order.
post‑sentence order decision means:
 (a) a decision on an application for a post‑sentence order or an interim post‑sentence order; or
 (b) a decision on an application to vary an extended supervision order or interim supervision order;