Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p111
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 111/268)
Character Range: 647271–650045

to the Court:
 (a) a copy of any material in the possession of the AFP Minister or legal representative; and
 (b) a statement of any facts that the AFP Minister or legal representative is aware of;
that would reasonably be regarded as supporting a finding that:
 (c) the order should not be affirmed, or should not be affirmed in the terms in which the order is made; or
 (d) if the court is considering making an extended supervision order under subsection (5)—an extended supervision order should not be made.

105A.12A  Varying post‑sentence orders after review

Varying the period specified by a post‑sentence order
 (1) A Supreme Court of a State or Territory must vary a post‑sentence order in relation to a terrorist offender to specify a shorter period for which the order will be in force if:
 (a) the Court affirms the order under subsection 105A.12(4); and
 (b) the Court is not satisfied that the period currently specified is reasonably necessary to prevent the unacceptable risk of the offender committing a serious Part 5.3 offence.
The shorter period must be a period that the Court is satisfied is reasonably necessary to prevent the unacceptable risk.
Note: See section 105A.9E for the terms of a varied extended supervision order.

Varying or removing conditions
 (2) A Supreme Court of a State or Territory must vary, or remove, a condition imposed by an extended supervision order if:
 (a) the Court affirms the order under subsection 105A.12(4); and
 (b) the Court is not satisfied that the condition is reasonably necessary, and 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.
 (3) The Court must be satisfied that a condition that is varied under subsection (2) is (after the variation) reasonably necessary, and 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.

Varying to add conditions
 (4) The Court may vary an extended supervision order to add one or more conditions if the Court is satisfied that the conditions are reasonably necessary, and 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.

Object of this Division
 (5) For the purposes of subsections (3) and (4), in determining whether a condition to be varied or imposed on the offender by the order 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).

Onus of satisfying court
 (6) The AFP Minister bears the