Definitions
105A.2 Definitions
In this Division:
Commonwealth law enforcement officer has the meaning given by Part 7.8.
continuing detention order means an order made under subsection 105A.7(1).
extended supervision order means an order made under subsection 105A.7A(1).
intelligence or security officer has the meaning given by Part 10.6.
interim detention order means an order made under subsection 105A.9(2).
interim post‑sentence order means an interim detention order or an interim supervision order.
interim supervision order means an order made under subsection 105A.9A(4).
post‑sentence order means a continuing detention order or an extended supervision order.
post‑sentence order decision means:
a decision on an application for a post‑sentence order or an interim post‑sentence order; or
a decision on an application to vary an extended supervision order or interim supervision order; or
a decision in a review of a post‑sentence order to affirm, revoke or vary the order; or
a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).
See also subsection (2).
post‑sentence order proceeding means a proceeding under Subdivision C, CA, CB or D.
premises includes a place, an aircraft, a vehicle and a vessel.
prison includes any gaol, lock‑up or remand centre.
relevant expert means any of the following persons who is competent to assess the risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence:
a person who is:
registered as a medical practitioner under a law of a State or Territory; and
a fellow of the Royal Australian and New Zealand College of Psychiatrists;
any other person registered as a medical practitioner under a law of a State or Territory;
a person registered as a psychologist under a law of a State or Territory;
any other expert.
serious Part 5.3 or 5.3A offence means an offence against this Part or Part 5.3A, the maximum penalty for which is 7 or more years of imprisonment.
terrorist offender:
has the meaning given by subsection 105A.3(1); and
includes a person who meets the conditions in paragraphs 105A.3(1)(a) and (c) and:
paragraphs 105A.3A(4)(a) and (b); or
paragraphs 105A.3A(5)(a) to (e).
This definition is affected by sections 105A.2A and 105A.18.
To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a post‑sentence order or interim post‑sentence order is not made until the Court determines the application in accordance with section 105A.6A or subsection 105A.9(1B) or 105A.9A(3).
State terrorist acts etc.
A reference in this Division to a terrorist act includes a reference to a state terrorist act.
Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.
A reference in this Division to a terrorist organisation includes a reference to a state sponsor of terrorism.
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