NSW v Benshabir

• 1. HIGH RISK OFFENDERS — Extended supervision orders — Application — s 20 of Terrorism (High Risk Offenders) Act 2017 (NSW) required subject of application to be “eligible offender” — respondent eligible offender at time of application — successful severity appeal in District Court resulted in respondent no longer being eligible offender at time application determined
• 1. STATUTORY INTERPRETATION — Amendment and repeal — s 20 amended to include words “or was in custody or under supervision at the time the original application for the order was filed” — whether words removed requirement for respondent to be eligible offender at time application determined — no obviously preferable construction — State’s construction required substantial implied additions to statutory text — respondent’s construction rendered inserted words superfluous — presumption against superfluity not determinative — identification of leading and subordinate provisions — importance of legislative intention in context of words inserted by amendment

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