Criminal Code Act 1995

The AFP Minister, or a legal representative of the AFP Minister, (the applicant) may apply to a Supreme Court of a State or Territory for either of the following:

a continuing detention order in relation to a terrorist offender;

an extended supervision order in relation to a terrorist offender.

The court may make an extended supervision order under section 105A.7A even if a continuing detention order is applied for.

However, the application may not be made more than 12 months before the end of:

a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a); or

if a post‑sentence order is in force in relation to the offender—the period for which the order is in force; or

if subsection 105A.3A(8) applies in relation to the offender—the period the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) is in force.

To avoid doubt, if both paragraphs (2)(a) and (b) apply in relation to a terrorist offender, the application may be made in accordance with either paragraph (even though the other paragraph may prevent an application from being made in relation to the offender).

The AFP Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer or intelligence or security officer that would reasonably be regarded as supporting a finding that:

if the application is for a continuing detention order—neither a continuing detention order nor an extended supervision order should be made in relation to the offender; or

if the application is for an extended supervision order—the extended supervision order should not be made in relation to the offender.

The application must:

include any report or other document that the applicant intends, at the time of the application, to rely on in relation to the application; and

include:

a copy of any material in the possession of the applicant; and

a statement of any facts that the applicant is aware of;

include information about the offender’s age; and

request that the order be in force for a specified period; and

if the application is for an extended supervision order—include the following material:

a copy of the proposed conditions;

an explanation as to why each of the proposed conditions should be imposed on the offender;

if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person);

if the offender is subject to an order under a law of a State or Territory that is equivalent to a post‑sentence order—a copy of that order; and

if a report was obtained under section 105A.18D in relation to the offender—include a copy of the report.

For paragraph (3)(c), the period must not be more than 3 years (see subsection 105A.7(5) and paragraph 105A.7A(4)(d)).

Evidence may also be adduced later under section 105A.14.

A copy of the application must be given to the terrorist offender under section 105A.14A.