Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_120:p1
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 120 (pt 1/3)
Character Range: 94895–97725

120  After section 105A.14 of the Criminal Code
Insert:

105A.14A  Giving copies of applications etc. to terrorist offenders
 (1) This section applies if the AFP Minister, or a legal representative of the AFP Minister, (the applicant) applies to a Supreme Court of a State or Territory for:
 (a) a post‑sentence order or interim post‑sentence order; or
 (b) a variation of an extended supervision order or interim supervision order under section 105A.9B; or
 (c) a review of a post‑sentence order;
in relation to a terrorist offender.
 (2) Within 2 business days after the application is made, the applicant must (subject to sections 105A.14B to 105A.14D) give a copy of the application to the offender personally, and to the offender's legal representative.
Note: For giving documents to a terrorist offender who is in prison, see section 105A.15.
 (3) If the Court seeks material from the AFP Minister under paragraph 105A.7(2)(a), 105A.9(8)(a) or 105A.12(5)(b), within 2 business days after the material is provided to the Court, the applicant must (subject to sections 105A.14B to 105A.14D) give a copy of the material to the offender personally, and to the offender's legal representative.
 (4) If:
 (a) the post‑sentence order or interim post sentence order is made or varied; and
 (b) neither the offender nor a legal representative of the offender is present during the proceedings in which the order is made or varied;
the applicant must (subject to sections 105A.14B to 105A.14D), within 2 business days after the order is made or varied, give to the offender personally, and the offender's legal representative, a copy of the order that is made, or of the order as varied.

105A.14B  Information excluded from application or material—national security information
 (1) This section applies if 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, (the recipient) under subsection 105A.14A(2) or (3).
 (2) The applicant is not required to include any information in the application or material if a Minister (the decision‑maker) is likely to take:
 (a) any actions in relation to the information under the National Security Information (Criminal and Civil Proceedings) Act 2004; or
 (b) seek an order of a court preventing or limiting disclosure of the information.
 (3) However, the applicant must (subject to subsection (4)) give the recipient personally a complete copy of the application or material if any of the following events occurs:
 (a) the decision‑maker decides not to take any of the actions referred to in paragraph (2)(a) or (b);
 (b) a Minister gives a certificate under Subdivision C of Division 2 of Part 3A of the National Security Information (Criminal and