Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p10
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/15)
Character Range: 34744–37494

supporting a finding that the order should not be affirmed.

Varying the period specified by the order
 (7) The Court must vary the order to specify a shorter period for which the order will be in force if:
 (a) the Court affirms the order under subsection (4); but
 (b) the Court is not satisfied that the period currently specified is reasonably necessary to prevent the unacceptable risk.
The shorter period must be a period that the Court is satisfied is reasonably necessary to prevent the unacceptable risk.

Subdivision E—Provisions relating to continuing detention order proceedings

105A.13  Civil evidence and procedure rules in relation to continuing detention order proceedings
 (1) A Supreme Court of a State or Territory must, subject to subsection (2), apply the rules of evidence and procedure for civil matters during a continuing detention order proceeding.
 (2) Despite anything in the rules of evidence and procedure, the Court may receive in evidence in the proceeding evidence of:
 (a) the level of the offender's compliance with any obligations to which he or she is or has been subject while on release on parole for any offence; and
 (b) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence.

105A.14  Adducing evidence and making submissions
  A party to a continuing detention order proceeding in a Supreme Court of a State or Territory may adduce evidence (including by calling witnesses or producing material), or make submissions, to the Court in relation to the proceeding.

105A.15  Giving terrorist offenders documents
 (1) A document that is required to be given under this Division to a terrorist offender who is detained in a prison is taken to have been given to the offender at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient):
 (a) the legal representative of the offender;
 (b) if the offender does not have a legal representative—the chief executive officer (however described) of the prison, or a delegate of the chief executive officer.
 (2) The recipient must, as soon as reasonably practicable, give the document to the offender personally.
 (3) Once the recipient has done so, he or she must notify the Court and the person who gave the recipient the document, in writing:
 (a) that the document has been given to the offender; and
 (b) of the day that document was so given.

105A.15A  When a terrorist offender is unable to engage a legal representative
 (1) This section applies if:
 (a) a continuing detention order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and
 (b) the offender, due to circumstances beyond the offender's control, is