Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision E
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Provisions relating to post-sentence order proceedings
SECTION 105A.15A
When a terrorist offender is unable to engage a legal representative
(1)
This section applies if:
(a) a post-sentence order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and
(b) the offender, due to circumstances beyond the offender ' s control, is unable to engage a legal representative in relation to the proceeding.
(2)
The Court may make either or both of the following orders:
(a) an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;
(b) an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender ' s legal representation for the proceeding.
(3)
The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:
(a) whether circumstances are beyond the offender ' s control;
(b) reasonable costs and expenses of the offender ' s legal representation for the proceeding.
(4)
This section does not limit any other power of the Court.
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
View history note
Hide history noteThis section applies if:
(a) a post-sentence order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and
(b) the offender, due to circumstances beyond the offender ' s control, is unable to engage a legal representative in relation to the proceeding.
(2)
The Court may make either or both of the following orders:
(a) an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;
(b) an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender ' s legal representation for the proceeding.
(3)
The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:
(a) whether circumstances are beyond the offender ' s control;
(b) reasonable costs and expenses of the offender ' s legal representation for the proceeding.
(4)
This section does not limit any other power of the Court.