Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_82:p1
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 82 (pt 1/2)
Character Range: 45723–48532

82  After section 105A.6 of the Criminal Code
Insert:

105A.6A  Determining an application for a post‑sentence order

Determining applications for continuing detention orders
 (1) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender, the Court may determine the application by:
 (a) making a continuing detention order under section 105A.7; or
 (b) making an extended supervision order under section 105A.7A; or
 (c) dismissing the application.

Determining applications for extended supervision orders
 (2) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for an extended supervision order in relation to a terrorist offender, the Court may determine the application by:
 (a) making an extended supervision order under section 105A.7A; or
 (b) dismissing the application.

105A.6B  Matters a Court must have regard to in making a post‑sentence order
 (1) In deciding whether the Court is satisfied as referred to in paragraph 105A.7(1)(b) or 105A.7A(1)(b) in relation to a terrorist offender, a Supreme Court of a State or Territory must have regard to the following matters:
 (a) the object of this Division;
 (b) any report of an assessment received from a relevant expert, and the level of the offender's participation in the assessment, under:
 (i) section 105A.6; or
 (ii) section 105A.18D;
 (c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious Part 5.3 offence, and the level of the offender's participation in any such assessment;
 (d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:
 (i) the relevant State or Territory corrective services; or
 (ii) any other person or body who is competent to assess that extent;
 (e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender's participation in any such programs;
 (f) the level of the offender's compliance with any obligations to which the offender is or has been subject while:
 (i) on release on parole for any offence referred to in paragraph 105A.3(1)(a); or
 (ii) subject to a post‑sentence order, interim post‑sentence order or control order;
 (g) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence referred to in paragraph 105A.3(1)(a);
 (h) the views of the sentencing court at the time any sentence for any offence referred to in paragraph 105A.3(1)(a) was imposed on the offender;
 (ha) whether the offender is subject to any order under a law of a State or Territory that is equivalent to a