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.9   Interim detention orders  

(1)  
The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim detention order in relation to a terrorist offender if an application has been made to the Court for a continuing detention order in relation to the offender.

(1A)  
On receiving the application for the interim detention order, the Court must hold a hearing to determine whether to make the order.

(2)  
The Court may make a written order under this subsection if:


(a) the Court is satisfied that either of the following periods will end before the application for the continuing detention order has been determined:


(i) the sentence of imprisonment referred to in subparagraph 105A.3(1)(b)(i) that the offender is serving;

(ii) the period for which a continuing detention order or an interim detention order is in force in relation to the offender; and


(b) the Court is satisfied that there are reasonable grounds for considering that a continuing detention order will be made in relation to the offender.

Note:

More than one interim detention order can be made in relation to a person (see subsection (6)).

(3)  
The effect of the order is to commit the offender to detention in a prison while the order is in force. 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 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order.

(6)  
The total period of all interim detention orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order must not be more than 3 months. Treatment of certain offenders covered by interim detention orders

(7)  
While an interim detention order is in force in relation to the offender, section 105A.4 applies as if a continuing detention order were in force in relation to the offender.

Note:

Section 105A.4 deals with the treatment of a terrorist offender who is in a prison under a continuing detention order.




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