Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

Surveillance Devices Act 2004

215   Subsection 6(1)

Insert:

detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code.

extended supervision order has the meaning given by section 105A.2 of the Criminal Code.

interim supervision order has the meaning given by section 105A.2 of the Criminal Code.

Part 5.3 information has the meaning given by subsection 50A(6).

Part 5.3 object means:

(a) in relation to a control order - any of the following:

(i) the protection of the public from a terrorist act;

(ii) the prevention of the provision of support for, or the facilitation of, a terrorist act;

(iii) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

(b) in relation to an extended supervision order or interim supervision order in relation to a person - the protection of the community from the unacceptable risk of the person committing a serious Part 5.3 offence.

Part 5.3 supervisory order means:

(a) a control order; or

(b) an extended supervision order or an interim supervision order.

Note: In Part 5.3 of the Criminal Code, a control order means an interim control order or a confirmed control order (see subsection 100.1(1) of the Criminal Code).

Part 5.3 warrant means a surveillance device warrant or computer access warrant:

(a) issued to determine whether to apply for a post-sentence order; or

(b) issued in relation to a Part 5.3 supervisory order that is or was in force.

post-sentence detention law means any of the following laws:

(a) Part 3 of the Terrorism (High Risk Offenders) Act 2017(NSW);

(b) Parts 5 and 6 of the Serious Offenders Act 2018(Vic.);

(c) Part 3 of the Criminal Law (High Risk Offenders) Act 2015(SA);

(d) any other law, or part of a law, of a State or Territory prescribed by the regulations.

post-sentence order means a continuing detention order, an interim detention order, an extended supervision order, or an interim supervision order, under Division 105A of the Criminal Code.

post-sentence supervision law means any of the following laws:

(a) Part 2 of the Terrorism (High Risk Offenders) Act 2017 (NSW);

(b) Parts 3 and 4 of the Serious Offenders Act 2018 (Vic.);

(c) Part 2 of the Criminal Law (High Risk Offenders) Act 2015 (SA);

(d) any other law, or part of a law, of a State or Territory prescribed by the regulations.