Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision CB - Varying an extended supervision order or interim supervision order  

SECTION 105A.9C   Varying an extended supervision order or interim supervision order (other than by consent)  

(1)    
If an application is made in accordance with subsection 105A.9B(1A) or (1) , and subsection (2) , to a Supreme Court of a State or Territory to vary an extended supervision order or interim supervision order in relation to a terrorist offender, the Court may vary the order, but only if:

(a)    for an application for the order to be varied by adding or varying conditions - the Court is satisfied on the balance of probabilities that each of the conditions being added or varied is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence; and

(b)    for an application for the order to be varied by removing conditions - the Court is not satisfied on the balance of probabilities that each of the conditions being removed is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.

Note:

See section 105A.9E for the terms of a varied extended supervision order or interim supervision order.

(2)    
For the purposes of subsection (1) , in determining whether each of the conditions to be added, varied or removed by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1 ).

(3)    
The AFP Minister bears the onus of satisfying the Court of the matters referred to in subsection (1) .

Relevant experts

(4)    
The Court may appoint one or more relevant experts for the purposes of the proceedings relating to the application. If the Court does so, subsections 105A.6(4) to (7) apply in relation to the proceedings.

(5)    
The AFP Minister, the offender, or a legal representative of the AFP Minister or offender, may nominate one or more relevant experts for the purposes of subsection (4) .

(6)    
Subsection (4) does not prevent the AFP Minister, the offender, or a legal representative of the AFP Minister or offender, from calling another relevant expert as a witness in the proceedings.