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 C - Making a continuing detention order  

SECTION 105A.7   Making a continuing detention order  

(1)  
A Supreme Court of a State or Territory may make a written order under this subsection if:


(a) an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender; and


(b) after having regard to matters in accordance with section 105A.8 , the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence if the offender is released into the community; and


(c) the Court is satisfied that there is no other less restrictive measure that would be effective in preventing the unacceptable risk.

Note 1:

An example of a less restrictive measure is a control order.

Note 2:

The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 105A.8 , as referred to in paragraph (1)(b) of this section (see subsection 105A.8(3) and section 105A.13 ).

(2)  
Otherwise, the Court must dismiss the application. Onus of satisfying Court

(3)  
The AFP Minister bears the onus of satisfying the Court of the matters referred to in paragraphs (1)(b) and (c).

Period of order

(4)  
The order must specify the period during which it is in force.

(5)  
The period must be a period of no more than 3 years that the Court is satisfied is reasonably necessary to prevent the unacceptable risk. Court may make successive continuing detention orders

(6)  
To avoid doubt, subsection (5) does not prevent a Supreme Court of a State or Territory making a continuing detention order in relation to a terrorist offender that begins to be in force immediately after a previous continuing detention order in relation to the offender ceases to be in force.




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