Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p103
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 103/268)
Character Range: 627356–630145

(2)(b), then the Court must:
 (a) seek the following material from the AFP Minister:
 (i) a copy of the proposed conditions that would be sought for an interim supervision order;
 (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); and
 (b) consider whether to make an interim supervision order under section 105A.9A.
Note: A copy of the material must be given to the terrorist offender under section 105A.14A.

105A.9A  Interim supervision orders
 (1) The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim supervision order in relation to a terrorist offender if an application has been made to the Court for an extended supervision order in relation to the offender.
 (2) On receiving the application for the interim supervision order, the Court must hold a hearing to determine whether to make the order.

Determining the application
 (3) The Court may determine the application by:
 (a) making an interim supervision order under subsection (4); or
 (b) dismissing the application.

Making an interim supervision order
 (4) The Court may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C, if:
 (a) either:
 (i) an application is made in accordance with subsection (1) for an interim supervision order in relation to a terrorist offender; or
 (ii) an application is made in accordance with section 105A.9 for an interim detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.9(2)(b); and
 (b) the Court is satisfied that any of the following relating to the offender will end before the application for the continuing detention order or extended supervision order has been determined:
 (i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a);
 (ii) the period for which a post‑sentence order or interim post‑sentence order is in force;
 (iii) the period for which 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; and
 (c) the Court is satisfied that there are reasonable grounds for considering that an extended supervision order will be made in relation to the offender; and
 (d) the Court is satisfied that there are reasonable grounds for considering