Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p117
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 117/268)
Character Range: 662395–665135

or interim post‑sentence order in relation to the offender ceases to be in force;
 (iia) the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) in relation to the offender ceases to be in force;
 (iii) a post‑sentence order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.
 (2) For the purposes of the post‑sentence order proceeding, the offender is taken to remain a terrorist offender:
 (a) who is detained in custody in a prison serving a sentence of imprisonment; or
 (b) in relation to whom a post‑sentence order, interim post‑sentence order or control order is in force;
despite the event in subsection (1) occurring.

Power of police officer to detain terrorist offender
 (3) If a continuing detention order or interim detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b):
 (a) any police officer may take the offender into custody; and
 (b) any police officer may detain the offender;
for the purpose of giving effect to the order.
 (4) A police officer, in:
 (a) taking the offender into custody; or
 (b) detaining the offender;
under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.
 (5) In subsection (4):
offence means:
 (a) if the police officer is an AFP member—an offence against a law of the Commonwealth; or
 (b) if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.

105A.18AA  Persons in non‑prison custody taken to be in the community
  A person who is detained in non‑prison custody is, for the purposes of this Part, taken to be in the community.

Subdivision EA—Offences relating to extended supervision orders and interim supervision orders

105A.18A  Offence for contravening an extended supervision order or an interim supervision order
 (1) A person commits an offence if:
 (a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes a condition the order imposes; and
 (d) if the condition is an exemption condition—there is no exemption in force at the time the conduct is engaged in that exempts the offender from the application of the condition.
Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing