(p) that the offender allow the results of the interviews and assessments referred to in paragraph (o), and any other specified information, to be disclosed to a specified authority;
(q) that the offender provide specified information to a specified authority within a specified period or before a specified event;
(r) that the offender comply with any reasonable direction given to the offender by a specified authority in relation to any specified condition (whether or not the condition is imposed in accordance with this subsection).
Note: See also subsection (8) and sections 100.1 and 105A.2 in relation to references to premises, reside or residence, and work.
(4) If a condition of the order authorises a specified authority to give a direction, the specified authority may give a direction only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to:
(a) the condition; or
(b) the object of this Division (see section 105A.1).
Conditions relating to monitoring and enforcement
(5) Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following:
(a) that the offender submit to testing by a specified authority in relation to the possession or use of specified articles or substances;
(b) that the offender allow himself or herself to be photographed by a specified authority;
(c) that the offender allow impressions of the offender’s fingerprints to be taken by a specified authority;
(d) that the offender be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring;
(e) a condition that:
(i) the person carry at all times a specified mobile phone; and
(ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and
(iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the condition in subparagraph (i) or (ii);
(f) that the offender attend at places, and report to persons, at times, specified:
(i) in the order; or
(ii) by a specified authority;
(g) that the offender allow visits at specified premises from, and entry to specified premises by, a specified authority at any time for the purpose of ensuring the offender’s compliance with a condition imposed in accordance with paragraph (3)(c);
(h) that the offender provide a specified authority with a schedule setting out the offender’s proposed movements for a specified period and comply with that schedule during the period;
(i) that the offender allow any police officer to enter specified premises and:
(i) search the offender; and
(ii) search the offender’s residence or any premises which the offender intends to be the offender’s residence; and
(iii) search any other premises under the offender’s control; and
(iv) seize any item found during those searches, including to allow the item to be examined forensically;
(j) that the offender facilitate access (including by providing passwords or in any other way) to one or more of the following:
(i) electronic equipment or technology;
(ii) any data held within, or accessible from, any electronic equipment or technology;
owned or controlled by the offender, for the purposes of a police officer searching and seizing any such equipment or accessing such data (or both).
Note 1: For paragraphs (5)(b) and (c), restrictions apply to the use of photographs or impressions of fingerprints (see section 105A.7D).
Note 2: For paragraph (5)(d), see also section 105A.7E (obligations relating to monitoring devices).
(6) A power exercised under a condition imposed in accordance with subsection (5) (other than a power to give a direction) may be exercised only if the person exercising the power is satisfied that it is reasonably necessary to do so in order to:
(a) give effect to the order; or
(b) facilitate or monitor compliance with the order.
Access to lawyers
(7) This section does not affect the offender’s right to contact, communicate or associate with the offender’s lawyer unless the offender’s lawyer is a specified individual, or an individual in a specified class of individuals, as mentioned in paragraph (3)(h). If the offender’s lawyer is so specified, the offender may contact, communicate or associate with any other lawyer who is not so specified.
References to work
(8) In subsection (3), a reference to work includes a reference to voluntary work.
105A.7C Conditions where exemptions may be granted
(1) A Supreme Court of a State or Territory that makes an extended supervision order or interim supervision order in relation to a terrorist offender may specify conditions included in the order that are to be exemption conditions.
(2) An exemption condition is a condition specified in the order from which the offender may apply for a temporary exemption.
(3) The Court may make provision in relation to applications for temporary exemptions.
(4) The offender may apply, in writing, to a specified authority for an exemption from an exemption condition. The application must:
(a) include a reason for the exemption; and
(b) comply with any other requirements provided for under subsection (3).
(5) If the offender so applies, the specified authority may:
(a) require further information to be provided by the offender before making a decision in relation to the application; and
(b) either:
(i) grant or refuse the exemption; or
(ii) grant the exemption subject to any reasonable directions specified in writing by the specified authority.
105A.7D Treatment of photographs and impressions of fingerprints
(1) A photograph, or an impression of fingerprints, taken of or from a terrorist offender as mentioned in paragraph 105A.7B(5)(b) or (c) must be used only for the purpose of ensuring compliance with an extended supervision order or interim supervision order relating to the offender.
(2) The photograph or the impression must be destroyed if:
(a) no extended supervision order or interim supervision order has been in force in relation to the offender for 12 months; and
(b) either:
(i) no proceedings relating to an extended supervision order or interim supervision order relating to the offender were on foot in that 12‑month period; or
(ii) proceedings relating to an extended supervision order or interim supervision order relating to the offender were discontinued or completed within that 12‑month period.
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes subsection (1).
Penalty: Imprisonment for 2 years.
105A.7E Obligations relating to monitoring devices
Additional obligations on terrorist offender
(1) If the Court imposes a condition under paragraph 105A.7B(5)(d) in an extended supervision order or interim supervision order that a terrorist offender wear a monitoring device, then:
(a) the condition must require the offender to wear the monitoring device at all times; and
(b) the order must include the condition referred to in paragraph 105A.7B(5)(e); and
(c) the order must include a condition that the offender do all of the following:
(i) allow a specified authority to enter the offender’s residence at any reasonable time for any purpose relating to the electronic monitoring of the offender;
(ii) allow a specified authority to install, repair or fit the monitoring device or any related monitoring equipment;
(iii) take the steps specified in the order (if any) and any other reasonable steps to ensure that the monitoring device and any related monitoring equipment are or remain in good working order;
(iv) if the offender becomes aware that the monitoring device and any related monitoring equipment are not in good working order—notify a specified authority as soon as reasonably practicable;
(v) allow a specified authority, police officer or corrective services officer to remove the monitoring device;
(vi) allow a police officer to remove any related monitoring equipment.
Powers of specified authorities and others
(2) After including the condition under paragraph 105A.7B(5)(d) in the order, the Court must also include in the order an authorisation for:
(a) one or more specified authorities to enter the offender’s residence as specified in the order at any reasonable time for any purpose relating to the electronic monitoring of the offender; and
(b) one or more specified authorities to install, repair or fit the monitoring device and any related monitoring equipment; and
(c) one or more specified authorities or police officers to take the steps specified in the order to ensure that the device and any related monitoring equipment are or remain in good working order; and
(d) one or more specified authorities, police officers or corrective services officers to remove the monitoring device; and
(e) one or more police officers to remove any related monitoring equipment.
(3) If:
(a) a monitoring device is installed on the terrorist offender; and
(b) any of the following events occurs:
(i) the condition under paragraph 105A.7B(5)(d) is removed from the order;
(ii) the order ceases to be in force;
(iii) the offender is detained in custody;
the device and any related monitoring equipment may be removed in accordance with paragraph (2)(d) or (e) even though:
(c) for subparagraph (b)(i) or (ii)—no authorisation under subsection (2) is in force; or
(d) for subparagraph (b)(iii)—the offender is not required to comply with a condition of the order because of section 105A.18C.
Note: For the definition of detained in custody, see subsection 100.1(1).
Powers relating to monitoring devices and related electronic equipment
(4) Before exercising a power referred to in paragraph (2)(a), (b), (d) or (e), or subsection (3), a specified authority, police officer or corrective services officer must inform the offender:
(a) that the device and equipment are to be installed, repaired, fitted or removed (as the case requires); and
(b) of the proposed timing of the taking of the action; and
(c) that the offender may consent to the taking of the action; and
(d) that if consent is not given, reasonable force may be used to take the action, or to enter the offender’s residence in order to take the action.
(5) If the offender does not give consent, reasonable force may be used by a police officer to take the action, or to enter the offender’s residence in order to take the action.
105A.7F Copy of an extended supervision order etc. must be given to terrorist offender’s lawyer
(1) A copy of an extended supervision order or interim supervision order that is made in relation to a terrorist offender must be given to the offender’s lawyer as soon as practicable after being requested by the lawyer.
(2) This section does not entitle the lawyer to request, or be given a copy of, a document other than the order.
(1) The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim detention order in relation to a terrorist offender if an application has been made to the Court for a continuing detention order in relation to the offender.
Determining the application
(1A) On receiving the application for the interim detention order, the Court must hold a hearing to determine whether to make the order.
(1B) The Court may determine the application by:
(a) making an interim detention order under subsection (2); or
(b) making an interim supervision order under section 105A.9A; or
(c) dismissing the application.
Making an interim detention order
(2) The Court may make a written order under this subsection if:
(a) the Court is satisfied that any of the following periods will end before the application for the continuing detention order has been determined:
(i) if subsection 105A.3A(1), (3), (4) or (5) applies—the sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a) or (5)(d);
(ii) the period for which a continuing detention order or an interim detention order is in force in relation to the offender; and
(b) the Court is satisfied that there are reasonable grounds for considering that a continuing detention order will be made in relation to the offender.
Note: More than one interim detention order can be made in relation to a person (see subsection (6)).
(3) The effect of the order is to commit the offender to detention in a prison while the order is in force.
Period of order
(4) The order must specify the period during which it is in force.
Note: The order may be suspended during the period that it is in force if the offender is detained in custody in a prison other than as a result of the order (see section 105A.18C).
(5) The period must be a period of no more than 28 days that the Court is satisfied is reasonably necessary to determine the application for the continuing detention order.
(6) The total period of all interim detention orders made in relation to the offender before the Court makes a decision on the application for the continuing detention order must not be more than 3 months, unless the Court is satisfied that there are exceptional circumstances.
Treatment of certain offenders covered by interim detention orders
(7) While an interim detention order is in force in relation to the offender, section 105A.4 applies as if a continuing detention order were in force in relation to the offender.
Note: Section 105A.4 deals with the treatment of a terrorist offender who is in a prison under a continuing detention order.
When Court does not make interim detention order
(8) If the Court is not satisfied as mentioned in paragraph (2)(b), then the Court must:
(a) seek the following material from the AFP Minister:
(i) a copy of the proposed conditions that would be sought for an interim supervision order;
(ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
(iii) 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); and
(b) consider whether to make an interim supervision order under section 105A.9A.
Note: A copy of the material must be given to the terrorist offender under section 105A.14A.
105A.9A Interim supervision orders
(1) The AFP Minister, or a legal representative of the AFP Minister, may apply to a Supreme Court of a State or Territory for an interim supervision order in relation to a terrorist offender if an application has been made to the Court for an extended supervision order in relation to the offender.
(2) On receiving the application for the interim supervision order, the Court must hold a hearing to determine whether to make the order.
Determining the application
(3) The Court may determine the application by:
(a) making an interim supervision order under subsection (4); or
(b) dismissing the application.
Making an interim supervision order
(4) The Court may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C, if:
(a) either:
(i) an application is made in accordance with subsection (1) for an interim supervision order in relation to a terrorist offender; or
(ii) an application is made in accordance with section 105A.9 for an interim detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.9(2)(b); and
(b) the Court is satisfied that any of the following relating to the offender will end before the application for the continuing detention order or extended supervision order has been determined:
(i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a);
(ii) the period for which a post‑sentence order or interim post‑sentence order is in force;
(iii) the period for which 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; and
(c) the Court is satisfied that there are reasonable grounds for considering that an extended supervision order will be made in relation to the offender; and
(d) the Court is satisfied that there are reasonable grounds for considering that each of the conditions to be imposed on the offender by the order under this subsection is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the terrorist offender committing a serious Part 5.3 or 5.3A offence.
Note: A series of interim supervision orders can be made in relation to a person (see subsection (8)).
(5) For the purposes of paragraph (4)(d), in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1).
Effect of an interim supervision order
(6) The effect of an interim supervision order is to impose on the offender, for the period the order is in force, conditions contravention of which may be an offence.
Content of order
(7) The order must specify:
(a) that the Court is satisfied of the matters mentioned in paragraphs (4)(b) to (d); and
(b) the matters mentioned in paragraphs 105A.7A(4)(b), (c) and (e); and