Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_95:p2
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 95 (pt 2/5)
Character Range: 75552–78337

is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1).

Effect of an interim supervision order
 (6) The effect of an interim supervision order is to impose on the offender, for the period the order is in force, conditions contravention of which may be an offence.

Content of order
 (7) The order must specify:
 (a) that the Court is satisfied of the matters mentioned in paragraphs (4)(b) to (d); and
 (b) the matters mentioned in paragraphs 105A.7A(4)(b), (c) and (e); and
 (c) the period during which the order is in force, which must be a period of no more than 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order or extended supervision order.
Note: The order may be suspended during the period that it is in force if the offender is detained in custody in a prison (see section 105A.18C).
 (8) The total period of all interim supervision orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order or extended supervision order must not be more than 3 months, unless the Court is satisfied that there are exceptional circumstances.

Subdivision CB—Varying an extended supervision order or interim supervision order

105A.9B  Application for variations of extended supervision orders and interim supervision orders

Requirement to apply for variation
 (1A) If the AFP Minister is satisfied that a condition in an extended supervision order or interim supervision order in relation to a terrorist offender is no longer reasonably necessary, or reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence, the Minister or a legal representative of the Minister must apply to a Supreme Court of a State or Territory to vary, under section 105A.9C, the order by:
 (a) removing the condition; or
 (b) varying the condition.
Note 1: The AFP Minister or legal representative may also apply under subsection (1) for other variations of the order, including adding conditions.
Note 2: A copy of the application must be given to the offender under section 105A.14A.

Who may otherwise apply
 (1) Any of the following persons (the applicant) may (subject to subsection (1A)) apply to a Supreme Court of a State or Territory to vary, under section 105A.9C, an extended supervision order or interim supervision order in relation to a terrorist offender, by adding, varying or removing one or more conditions mentioned in section 105A.7B:
 (a) the AFP Minister or a legal representative of the AFP Minister;
 (b) the