(1) On an appeal under this Division, the Court of Appeal may make any order the Court considers appropriate including an order to— the decision; or the supervision order or the renewed supervision order; or the detention order or renewed detention order; or the interim order or extended interim order; or the relevant decision was to vary or add a condition to a supervision order, revoke the variation or revoke or vary the condition; or (f) if the decision was to revoke a supervision order or detention order or an interim order, make an order reviving the order; or the decision was to revoke a supervision order and make a detention order, revoke the detention order and restore the supervision order; or aside the decision and remit the matter to the court which made that decision, with or without any directions. (2) If the Court of Appeal remits a matter to a court under subsection (1)(h), that court may make or renew a supervision order or detention order or make or extend an interim order in respect of the offender even if—
2 Table of Amendments This publication incorporates amendments made to the Serious Sex Offenders (Detention and Supervision) Act 2009 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 50) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Equal Opportunity Act 2010, No. 16/2010 Assent Date: 27.4.10 Commencement Date: S. 209(Sch. item 7) on 1.8.11: s. 2(4) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 11) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 27 on 28.10.10: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 (as amended by No. 43/2012) Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 11) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: S. 25 on 1.1.14: s. 2(4) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Corrections Legislation Amendment Act 2014, No. 12/2014 Assent Date: 18.3.14 Commencement Date: Ss 27–34 on 8.4.14: Special Gazette (No. 112) 8.4.14 p. 1; ss 26, 35 on 1.5.14: Special Gazette (No. 112) 8.4.14 p. 1 : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014 Assent Date: 8.4.14 Commencement Date: S. 16 on 9.4.14: s. 2(1) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 26) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Crimes Amendment (Protection of Children) Act 2014, No. 36/2014 Assent Date: 3.6.14 Commencement Date: S. 6(4) on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1 Current State: This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009
Commencement Date: Ss 19–29 not yet proclaimed : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Serious Sex Offenders (Detention and Supervision) Act 2009 were Not in Operation: Amending Act/s: Health Complaints Act 2016, No. 22/2016 245 Definitions In section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for the definition of health service provider substitute— "health service provider has the same meaning as in the Health Complaints Act 2016;". 246 Search (1) For section 142(3)(b)(vii) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute— "(vii) the Health Complaints Commissioner;". (2) In section 142(8) of the Serious Sex Offenders (Detention and Supervision) Act 2009— definition of Health Services Commissioner is repealed; the following definition—
any electronic equipment, seized under subsection (1) for the purpose of investigating— the offender has complied with the supervision order; or the offender has re-offended or has breached the conditions of the supervision order. limiting subsection (1), a community corrections officer, a police officer or a specified officer (as the case requires) may seize or take a sample of any thing belonging to, or found in the possession or under the control of, the offender if the officer suspects on reasonable grounds that— thing will afford evidence of the commission of an indictable offence (whether or not that offence is a breach of a supervision order); and is necessary to seize or take a sample of that thing in order to prevent its concealment, loss or destruction or its use in the commission of an indictable offence (whether or not that offence is a breach of a supervision order). police officer exercising a power under this section may direct the following persons accompanying the police officer to exercise those powers subject to the officer's direction—
signed in accordance with the regulations. 158L Retention by Chief Commissioner of Police or Commissioner of seized things Chief Commissioner of Police may retain any thing seized by a police officer under section 143, section 153, Division 7 of this Part or section 171A for as long as— of the following conditions are met— (i) the police officer suspects on reasonable grounds that the thing will compromise the welfare or safety of a member of the public or the offender's compliance with a supervision order; (ii) the police officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or breaching the conditions of the supervision order; (iii) the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence; and