Criminal Code Act 1995
Section 3CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Continuing detention orders
A continuing detention order may be made under section 105A.7 in relation to a person (the terrorist offender ) if:
(a) the person has been convicted of:
(i) an offence against Subdivision A of Division 72 (international terrorist activities using explosive or lethal devices); or
(iii) a serious Part 5.3 offence; or
(iv) an offence against Part 5.5 (foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (publishing recruitment advertisements); or
(v) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 , except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements); and
(i) the person is detained in custody and serving a sentence of imprisonment for the offence; or
(ii) a continuing detention order or interim detention order is in force in relation to the person; and
(c) if subparagraph (b)(i) applies - the person will be at least 18 years old when the sentence ends.
Before making the order, a Court must be satisfied of certain matters under section 105A.7 .(2)
The effect of the order is to commit the offender to detention in a prison for the period the order is in force.
The period must not be more than 3 years (see subsection 105A.7(5) ).
An arrangement with a State or Territory must be in force for an offender to be detained at a prison of the State or Territory (see subsection 105A.21(2) ).
The offender may not be eligible to be released on bail or parole while the continuing detention order is in force (see section 105A.24 ).