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.18   Consequences of release of terrorist offender  

(1)  
This section applies in relation to a continuing detention order proceeding if:


(a) the proceeding is any of the following:


(i) a proceeding on an application for a continuing detention order in relation to a terrorist offender;

(ii) an appeal against a decision to dismiss such an application;

(iii) an appeal against a decision to revoke a continuing detention order in relation to a terrorist offender;

(iv) an appeal against a decision (including in a review of such an order) to specify a particular period for which such an order will be in force;

(v) an appeal against a decision under section 105A.15A to stay a continuing detention order proceeding in relation to a terrorist offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and


(b) before the application or appeal is determined (whether before or after the appeal is made), the offender is released from custody because:


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

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

(iii) a continuing detention order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.

(2)  
For the purposes of the continuing detention order proceeding:


(a) the offender is taken to remain a terrorist offender despite being released from custody; and


(b) a reference in this Division to the offender being released into the community includes a reference to the offender remaining in the community. Power of police officer to detain terrorist offender

(3)  
If a continuing detention order or interim detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b):


(a) any police officer may take the offender into custody; and


(b) any police officer may detain the offender;

for the purpose of giving effect to the order.

(4)  
A police officer, in:


(a) taking the offender into custody; or


(b) detaining the offender;

under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.

(5)  
In subsection (4):

offence
means:


(a) if the police officer is an AFP member - an offence against a law of the Commonwealth; or


(b) if the police officer is not an AFP member - an offence against a law of the State or Territory of whose police force the police officer is a member.




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