Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p1
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/15)
Character Range: 12349–15237

1  After Division 105 of the Criminal Code
Insert:

Division 105A—Continuing detention orders

Subdivision A—Object and definitions

105A.1  Object
  The object of this Division is to ensure the safety and protection of the community by providing for the continuing detention of terrorist offenders who pose an unacceptable risk of committing serious Part 5.3 offences if released into the community.

105A.2  Definitions
  In this Division:
Commonwealth law enforcement officer has the meaning given by Part 7.8.
continuing detention order means an order made under subsection 105A.7(1).
continuing detention order decision means:
 (a) a decision on an application for a continuing detention order or an interim detention order; or
 (b) a decision in a review of a continuing detention order to affirm, revoke or vary the order; or
 (c) a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).
continuing detention order proceeding means a proceeding under Subdivision C or D.
intelligence or security officer has the meaning given by Part 10.6.
interim detention order means an order made under subsection 105A.9(2).
prison includes any gaol, lock‑up or other place of detention.
relevant expert means any of the following persons who is competent to assess the risk of a terrorist offender committing a serious Part 5.3 offence if the offender is released into the community:
 (a) a person who is:
 (i) registered as a medical practitioner under a law of a State or Territory; and
 (ii) a fellow of the Royal Australian and New Zealand College of Psychiatrists;
 (b) any other person registered as a medical practitioner under a law of a State or Territory;
 (c) a person registered as a psychologist under a law of a State or Territory;
 (d) any other expert.
serious Part 5.3 offence means an offence against this Part, the maximum penalty for which is 7 or more years of imprisonment.
terrorist offender: see subsection 105A.3(1) and section 105A.18.

Subdivision B—Continuing detention orders

105A.3  Who a continuing detention order may apply to and effect of an order
 (1) A continuing detention order may be made under section 105A.7 in relation to a person (the terrorist offender) if:
 (a) the person has been convicted of:
 (i) an offence against Subdivision A of Division 72 (international terrorist activities using explosive or lethal devices); or
 (iii) a serious Part 5.3 offence; or
 (iv) an offence against Part 5.5 (foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (publishing recruitment advertisements); 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