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 B - Continuing detention orders  

SECTION 105A.3   Who a continuing detention order may apply to and effect of an order  

(1)  
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(v) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 , except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements);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


(b) either:


(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.

Note:

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.

Note 1:

The period must not be more than 3 years (see subsection 105A.7(5) ).

Note 2:

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) ).

Note 3:

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 ).




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