Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p2
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/15)
Character Range: 14972–17643

or
 (v) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978, except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements); and
 (b) either:
 (i) the person is detained in custody and serving a sentence of imprisonment for the offence; or
 (ii) a continuing detention order or interim detention order is in force in relation to the person; and
 (c) if subparagraph (b)(i) applies—the person will be at least 18 years old when the sentence ends.
Note: Before making the order, a Court must be satisfied of certain matters under section 105A.7.
 (2) The effect of the order is to commit the offender to detention in a prison for the period the order is in force.
Note 1: The period must not be more than 3 years (see subsection 105A.7(5)).
Note 2: An arrangement with a State or Territory must be in force for an offender to be detained at a prison of the State or Territory (see subsection 105A.21(2)).
Note 3: The offender may not be eligible to be released on bail or parole while the continuing detention order is in force (see section 105A.24).

105A.4  Treatment of a terrorist offender in a prison under a continuing detention order
 (1) A terrorist offender who is detained in a prison under a continuing detention order must be treated in a way that is appropriate to his or her status as a person who is not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain:
 (a) the management, security or good order of the prison; and
 (b) the safe custody or welfare of the offender or any prisoners; and
 (c) the safety and protection of the community.
 (2) The offender must not be accommodated or detained in the same area or unit of the prison as persons who are in prison for the purpose of serving sentences of imprisonment unless:
 (a) it is reasonably necessary for the purposes of rehabilitation, treatment, work, education, general socialisation or other group activities; or
 (b) it is necessary for the security or good order of the prison or the safe custody or welfare of the offender or prisoners; or
 (c) it is necessary for the safety and protection of the community; or
 (d) the offender elects to be so accommodated or detained.
 (3) This section does not apply if the offender is serving a sentence of imprisonment.

Subdivision C—Making a continuing detention order

105A.5  Applying for a continuing detention order
 (1) The Attorney‑General, or a legal representative of the Attorney‑General, (the applicant) may apply to a Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender.