Terrorism (High Risk Offenders) Act 2017

Application for declaration The State may apply to the Supreme Court for a declaration that a person is any of the following for the purposes of this Act—

a convicted NSW terrorist offender,

a convicted NSW underlying terrorism offender,

a convicted NSW terrorism activity offender.

An application for a declaration may be made—

before an application for an order under Part 2 or 3 is made in respect of the person (but only during the period in which an application for an extended supervision order or continuing detention order can be made), or

at any time while an application for an order under Part 2 or 3 in respect of the person is pending.

When declaration can be made The Supreme Court may make the declaration if satisfied that the person is—

a convicted NSW terrorist offender, or

a convicted NSW underlying terrorism offender, or

a convicted NSW terrorism activity offender.

Duration of declaration A declaration takes effect when it is made and remains in force until it expires or is revoked.

A declaration that a person is a convicted NSW terrorism activity offender expires—

on the expiry of the period of 15 months (the default period) after the declaration is made, or

if an application for an order under Part 2 or 3 is made, but not finally determined, within the default period—when the application is finally determined.

For the purposes of subsection (5), an application is not finally determined if—

any period for bringing an appeal under this Act in respect of the application has not expired (ignoring any period that may be available by way of extension of time to appeal), or

any appeal in respect of the application is pending (whether or not it is an appeal brought as of right).

The Supreme Court may revoke a declaration on the application of the State or the person in respect of whom it is made.

Effect of declaration While a declaration is in force in respect of a person, the State is not required to establish for the purposes of proceedings for an order under Part 2 or 3 in respect of the person that—

the person is an eligible offender, or

the person is a convicted NSW terrorist offender, convicted NSW underlying terrorism offender or convicted NSW terrorism activity offender (as the case requires).

Further applications If the Supreme Court refuses to make a declaration in respect of a person or a declaration expires or is revoked, the refusal, expiry or revocation does not prevent—

another application for a declaration being made in respect of the same person, or

the Supreme Court granting that application if satisfied of any of the matters referred to in subsection (3) at that time.

Power of Supreme Court to make declarations not limited This section does not limit any other power of the Supreme Court to make declarations.