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 D - Review of continuing detention order  

SECTION 105A.10   Periodic review of continuing detention order  

(1A)  
The AFP Minister, or a legal representative of the AFP Minister, must, before the end of the period referred to in subsection (1B), apply to a Supreme Court of a State or Territory for a review of a continuing detention order that is in force in relation to a terrorist offender.

Note:

For when an application is not required to be made, see subsection (2).

(1B)  
The application must be made before the end of the period of 12 months after:


(a) the order began to be in force; or


(b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory - the most recent review ended.

(1)  
On receiving the application, the Court must begin the review of the order before the end of that period.

Note:

For the process for reviewing a continuing detention order, see section 105A.12 .

(2)  
Despite subsection (1), an application for a review, and a review, are not required if an application for a new continuing detention order in relation to the offender has been made and not withdrawn.

(3)  
The application must be made to the Court of the State or Territory where the prison in which the offender is detained is located.

(4)  
If an application is not made in accordance with this section, the order ceases to be in force at the end of the period referred to in subsection (1B).




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.