Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p89
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 89/268)
Character Range: 591889–594627

referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a); or
 (b) if a post‑sentence order is in force in relation to the offender—the period for which the order is in force; or
 (c) if subsection 105A.3A(8) applies in relation to the offender—the period the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) is in force.
 (2AA) To avoid doubt, if both paragraphs (2)(a) and (b) apply in relation to a terrorist offender, the application may be made in accordance with either paragraph (even though the other paragraph may prevent an application from being made in relation to the offender).
 (2A) The AFP Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer or intelligence or security officer that would reasonably be regarded as supporting a finding that:
 (a) if the application is for a continuing detention order—neither a continuing detention order nor an extended supervision order should be made in relation to the offender; or
 (b) if the application is for an extended supervision order—the extended supervision order should not be made in relation to the offender.

Content of application
 (3) The application must:
 (a) include any report or other document that the applicant intends, at the time of the application, to rely on in relation to the application; and
 (aa) include:
 (i) a copy of any material in the possession of the applicant; and
 (ii) a statement of any facts that the applicant is aware of;
  that would reasonably be regarded as supporting a finding that the order or orders mentioned in paragraph (2A)(a) or (b) (as the case requires) should not be made, except any information, material or facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person); and
 (b) include information about the offender's age; and
 (c) request that the order be in force for a specified period; and
 (d) if the application is for an extended supervision order—include the following material:
 (i) a copy of the proposed conditions;
 (ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
 (iii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person);
 (iv) if the offender is subject to an order under