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 E - Provisions relating to continuing detention order proceedings  

SECTION 105A.15A   When a terrorist offender is unable to engage a legal representative  

(1)  
This section applies if:


(a) a continuing detention order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and


(b) the offender, due to circumstances beyond the offender ' s control, is unable to engage a legal representative in relation to the proceeding.

(2)  
The Court may make either or both of the following orders:


(a) an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;


(b) an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender ' s legal representation for the proceeding.

(3)  
The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:


(a) whether circumstances are beyond the offender ' s control;


(b) reasonable costs and expenses of the offender ' s legal representation for the proceeding.

(4)  
This section does not limit any other power of the Court.




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