Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Continuing detention orders  

Subdivision A - Object and definitions  

SECTION 105A.2   105A.2   Definitions  
In this Division:

Commonwealth law enforcement officer
has the meaning given by Part 7.8 .

continuing detention order
means an order made under subsection 105A.7(1) .

continuing detention order decision
means:


(a) a decision on an application for a continuing detention order or an interim detention order; or


(b) a decision in a review of a continuing detention order to affirm, revoke or vary the order; or


(c) a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).

continuing detention order proceeding
means a proceeding under Subdivision C or D.

intelligence or security officer
has the meaning given by Part 10.6 .

interim detention order
means an order made under subsection 105A.9(2) .

prison
includes any gaol, lock-up or other place of detention.

relevant expert
means any of the following persons who is competent to assess the risk of a terrorist offender committing a serious Part 5.3 offence if the offender is released into the community:


(a) a person who is:


(i) registered as a medical practitioner under a law of a State or Territory; and

(ii) a fellow of the Royal Australian and New Zealand College of Psychiatrists;


(b) any other person registered as a medical practitioner under a law of a State or Territory;


(c) a person registered as a psychologist under a law of a State or Territory;


(d) any other expert.

serious Part 5.3 offence
means an offence against this Part, the maximum penalty for which is 7 or more years of imprisonment.

terrorist offender
: see subsection 105A.3(1) and section 105A.18 .




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