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.11   Review of continuing detention order on application  

(1)  
A terrorist offender, or a legal representative of a terrorist offender, in relation to whom a continuing detention order is in force may apply to a Supreme Court of a State or Territory for review of the order.

Note:

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

(2)  
The Court may review the order if the Court is satisfied that:


(a) there are new facts or circumstances which would justify reviewing the order; or


(b) it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.

(3)  
Otherwise, the Court must dismiss the application.

(4)  
The application must be made to the Supreme Court of the State or Territory where the prison in which the offender is detained is located.




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