Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p114
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 114/268)
Character Range: 654930–657763

for a variation of an interim post‑sentence order—the hearing on the application.

105A.14C  Information excluded from application or material—public interest immunity
 (1) This section applies if:
 (a) the AFP Minister, or a legal representative of the AFP Minister, (the applicant) gives a copy of an application or material to a terrorist offender, or a terrorist offender's legal representative, under subsection 105A.14A(2) or (3); and
 (b) information (however described) is excluded from the application or material on the basis of public interest immunity.
 (2) The applicant must give written notice to the offender, and the offender's legal representative, personally stating that the information has been excluded on the basis of public interest immunity. The notice must be given at the time that a copy of the application or material is given to the offender or legal representative.
 (3) To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.
Note: The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.

105A.14D  Information excluded from application and material—terrorism material
 (1) This section applies if:
 (a) the AFP Minister, or a legal representative of the AFP Minister, (the applicant) is required to give a copy of an application or material to a terrorist offender, or a terrorist offender's legal representative, under subsection 105A.14A(2) or (3); and
 (b) the application or material contains other material (terrorism material) that:
 (i) advocates support for engaging in any terrorist acts or violent extremism; or
 (ii) relates to planning or preparing for, or engaging in, any terrorist acts or violent extremism; or
 (iii) advocates joining or associating with a terrorist organisation.
 (2) The applicant may apply to the Supreme Court of a State or Territory referred to in subsection 105A.14A(1) for an order in relation to the manner in which the terrorism material is to be dealt with.
 (3) The Court may make an order in relation to the manner in which the terrorism material is to be dealt with, including that the terrorism material:
 (a) be provided to the offender's legal representative; or
 (b) be available for inspection by the offender at specified premises.

105A.15  Giving documents to terrorist offenders who are in custody
 (1) A document that is required to be given under this Division to a terrorist offender who is detained in custody is taken to have been given to the offender at the