Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_85
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 85
Character Range: 50241–51251

85  Subsection 105A.7(2) of the Criminal Code
Repeal the subsection, substitute:
 (2) If the Court is not satisfied as mentioned in paragraph (1)(b) or (c) (or both), then the Court must:
 (a) seek the following material from the AFP Minister:
 (i) a copy of the proposed conditions that would be sought for an extended supervision order in relation to the offender;
 (ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
 (iii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any 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); and
 (b) consider whether to make an extended supervision order under section 105A.7A in relation to the offender.
Note: A copy of the material must be given to the terrorist offender under section 105A.14A.