Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_59:p2
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 59 (pt 2/4)
Character Range: 33998–36678

to the person.

Post‑sentence orders—person imprisoned for other offences
 (3) A post‑sentence order may be made in relation to a person if:
 (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence other than an offence referred to in paragraph 105A.3(1)(a); and
 (b) either:
 (i) the person has been continuously detained in custody in a prison since being convicted of the offence referred to in paragraph 105A.3(1)(a); or
 (ii) the person has been continuously detained in custody in a prison since a continuing detention order or interim detention order was in force in relation to the person.
Note: For the definition of detained in custody in a prison, see subsection 100.1(1).
 (4) A post‑sentence order may be made in relation to a person if:
 (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence against section 105A.18A or subsection 105A.18B(1) (offences relating to extended supervision orders and interim supervision orders); and
 (b) the person was charged with the offence before the later of:
 (i) the relevant extended supervision order or interim supervision order ceasing to be in force; and
 (ii) the end of 6 months after the conduct constituting the offence; and
 (c) the Court making the post‑sentence order is satisfied, as a result of the offence referred to in paragraph (a), that the person poses an unacceptable risk of committing a serious Part 5.3 offence.
 (5) A post‑sentence order may be made in relation to a person if:
 (a) the person served a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a); and
 (b) before the person was released from custody in a prison:
 (i) the AFP Minister's consent to a request for an interim control order was sought under section 104.2; or
 (ii) a request for an interim control order was made under section 104.6; and
 (c) the interim control order was made as a result of the request; and
 (d) the person is detained in custody in a prison serving a sentence of imprisonment for an offence against section 104.27 or subsection 104.27A(1) (offences relating to control orders) in relation to:
 (i) the interim control order; or
 (ii) the control order that resulted from confirming the interim control order; and
 (e) the person was charged with the offence referred to in paragraph (d) before the later of:
 (i) the order referred to in that paragraph ceased to be in force; and
 (ii) the end of 6 months after the conduct constituting the offence; and
 (f) the Court making the post‑sentence order is satisfied, as a result of the offence referred to in paragraph (d), that the person poses an