Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p84
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 84/268)
Character Range: 579319–582077

an extended supervision order.
post‑sentence order decision means:
 (a) a decision on an application for a post‑sentence order or an interim post‑sentence order; or
 (b) a decision on an application to vary an extended supervision order or interim supervision order; or
 (c) a decision in a review of a post‑sentence order to affirm, revoke or vary the order; or
 (d) a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).
Note: See also subsection (2).
post‑sentence order proceeding means a proceeding under Subdivision C, CA, CB or D.
premises includes a place, an aircraft, a vehicle and a vessel.
prison includes any gaol, lock‑up or remand centre.
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:
 (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:
 (a) has the meaning given by subsection 105A.3(1); and
 (b) includes a person who meets the conditions in paragraphs 105A.3(1)(a) and (c) and:
 (i) paragraphs 105A.3A(4)(a) and (b); or
 (ii) paragraphs 105A.3A(5)(a) to (e).
Note: This definition is affected by sections 105A.2A and 105A.18.
 (2) To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a post‑sentence order or interim post‑sentence order is not made until the Court determines the application in accordance with section 105A.6A or subsection 105A.9(1B) or 105A.9A(3).

105A.2A  Persons who have escaped from custody
  For the purposes of this Division (except section 105A.4) if:
 (a) a person is detained in custody for a reason (for example, because the person is serving a sentence of imprisonment, on remand or subject to a continuing detention order); and
 (b) the person escapes from custody;
the person is taken to be detained in custody for that reason until the person is returned to custody.
Note: For the definition of detained in custody, see subsection 100.1(1).

Subdivision B—Post‑sentence orders

105A.3  Who a post‑sentence order may apply to and effect of post‑sentence orders
 (1) A post‑sentence order may be made under section 105A.7 or 105A.7A in relation to a person (the terrorist offender) if:
 (a) the person has been convicted of:
 (i)