Criminal Law Amendment Act 1945

The Minister may recommend that the Governor in Council make a public interest declaration for a relevant person if the Minister is satisfied the detention of the person under division 3 is in the public interest.

The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a continuing detention order without giving the person prior notice of the proposed recommendation.

The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order only if—

at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following—

the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;

the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;

that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and

the Minister has regard to any submissions made under paragraph (a)(iii).

However, the Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order without complying with subsection (3) if the Minister considers it is necessary to make the declaration without compliance with the subsection because of urgent circumstances.