Note: A court that is sentencing a person who has been convicted of an offence against this subsection may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator knows that, or is reckless as to whether, an extended supervision order or interim supervision order is in force in relation to another person; and
(b) the order is not suspended under section 105A.18C; and
(c) the perpetrator knows that, or is reckless as to whether, the order requires the other person to wear a monitoring device; and
(d) the perpetrator engages in conduct; and
(e) the conduct results in interference with, or disruption or loss of, a function of the monitoring device or any related monitoring equipment.
Penalty: Imprisonment for 5 years.
(3) Strict liability applies in relation to paragraph (2)(b).
Subdivision F—Miscellaneous
105A.18C Effect of prison detention on post‑sentence order
Effect of prison detention on post‑sentence orders
(1) A continuing detention order or interim detention order in relation to a terrorist offender is suspended during the period that the offender is detained in custody in a prison other than as a result of the order.
Note: For the definition of detained in custody in a prison, see subsection 100.1(1).
(2) An extended supervision order or interim supervision order in relation to a terrorist offender is suspended during the period that the offender is detained in custody in a prison.
Effect of suspension
(3) A post‑sentence order or interim post‑sentence order continues to be in force during the period in which the order is suspended.
(4) However, the offender is not required to comply with any condition in an extended supervision order or interim supervision order during the period that the order is suspended.
105A.18D AFP Minister may direct terrorist offenders to be assessed
(1) The AFP Minister may direct any of the following terrorist offenders to be subject to an assessment of the risk of the person committing a serious Part 5.3 or 5.3A offence:
(a) a terrorist offender in relation to whom an application for a post‑sentence order could be made;
(b) a terrorist offender in relation to whom a post‑sentence order is in force.
(2) The AFP Minister may appoint a relevant expert to conduct the assessment, and provide a report, for the purposes of determining whether:
(a) an application for a post‑sentence order or interim post‑sentence order in relation to the offender should be made; or
(b) an application for a variation or review of a post‑sentence order or interim post‑sentence order in relation to the offender should be made.
(3) The relevant expert who is appointed must:
(a) conduct an assessment of the risk of the offender committing a serious Part 5.3 or 5.3A offence; and
(b) provide a report of the expert’s assessment to the AFP Minister.
Note: For giving documents to a terrorist offender who is in prison, see section 105A.15.
Attendance and participation at assessment
(4) The offender must attend the assessment.
Note: The assessment may be conducted over a number of sessions.
(5) The answer to a question or information given at the assessment, and answering a question or giving information at the assessment, are not admissible in evidence against the offender in:
(a) any criminal proceedings, except any proceedings relating to sentencing for an offence against Division 104 or this Division (including any appeal in relation to those proceedings); or
(b) any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings).
(6) The AFP Minister must ensure that the effect of subsections (4), (5) and (8) is explained to the offender.
Contents of report
(7) The expert’s report may include any one or more of the following matters:
(a) the expert’s assessment of the risk of the offender committing a serious Part 5.3 or 5.3A offence;
(b) reasons for that assessment;
(c) the pattern or progression to date of behaviour on the part of the offender in relation to serious Part 5.3 or 5.3A offences, and an indication of the nature of any likely future behaviour on the offender’s part in relation to serious Part 5.3 or 5.3A offences;
(d) efforts made to date by the offender to address the causes of the offender’s behaviour in relation to serious Part 5.3 or 5.3A offences, including whether the offender has actively participated in any rehabilitation or treatment programs;
(e) if the offender has participated in any rehabilitation or treatment programs—whether or not this participation has had a positive effect on the offender;
(f) any relevant background of the offender, including developmental and social factors;
(g) factors that might increase or decrease any risks that have been identified of the offender committing a serious Part 5.3 or 5.3A offence;
(h) any other matters the expert considers relevant.
Assessments conducted for certain purposes
(8) Without limiting subsection (5), an assessment of an offender conducted under paragraph (3)(a), and the report of the assessment, may be taken into account:
(a) by the Minister in determining whether to make any application for a post‑sentence order or interim post‑sentence order, or any application for a variation or review of a post‑sentence order or interim post‑sentence order, in relation to the offender; and
(b) by the Court in proceedings to make or vary any post‑sentence order or interim post‑sentence order, or to review any post‑sentence order, in relation to the offender.
105A.19 Sharing information
Requesting information
(1) The AFP Minister may request a person prescribed by the regulations for the purposes of this subsection to give the AFP Minister information (including personal information) that the AFP Minister reasonably believes to be relevant to the administration or execution of this Division.
(2) The request need not be in writing.
(2A) Despite any law of the Commonwealth, a State or a Territory (whether written or unwritten), the person may provide the information to the AFP Minister.
Disclosing information
(3) The AFP Minister may disclose information to a person prescribed by the regulations for the purposes of this subsection if:
(a) the information was acquired by any of the following in the exercise of a power under, or the performance of a function or duty in connection with, this Division:
(i) the AFP Minister;
(ii) a legal representative of the AFP Minister;
(iii) the Secretary of the Department administered by the AFP Minister;
(iv) an APS employee in the Department administered by the AFP Minister; and
(b) the AFP Minister reasonably believes that the disclosure is necessary to enable the person to exercise the person’s powers, or to perform the person’s functions or duties; and
(c) if the regulations provide that information may be disclosed to the person only if specified circumstances are met—those circumstances are met.
(4) Subsection (3) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
105A.19A Sharing information relating to supervision orders
(1) An AFP member may disclose information (including personal information), to a person employed or engaged by a body covered by an arrangement under subsection 105A.21A(1), for the purpose of facilitating the performance of any functions or the exercise of any powers in relation to extended supervision orders or interim supervision orders.
(2) A person (the first person) employed or engaged by a body covered by an arrangement under subsection 105A.21A(1) may disclose information (including personal information) to another person if the first person reasonably believes that the disclosure is authorised by the arrangement.
(3) This section applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
105A.20 Delegation by the AFP Minister
The AFP Minister may, in writing, delegate any of his or her powers or functions under section 105A.19 to any of the following persons:
(a) the Secretary of the Department administered by the AFP Minister;
(b) any APS employee in that Department who performs duties in connection with the administration or execution of this Division.
105A.21 Arrangement with States and Territories
(1) The AFP Minister may arrange for a terrorist offender in relation to whom a continuing detention order or interim detention order is in force to be detained in a prison of a State or Territory.
(2) If an arrangement is made under subsection (1), the continuing detention order or interim detention order is taken to authorise the chief executive officer (however described) of the prison to detain the offender in the prison while the order is in force.
105A.21A Arrangements by Australian Federal Police Commissioner for functions and powers relating to supervision orders
(1) The Commissioner of the Australian Federal Police may make an arrangement with a State or Territory, or any other body, for the performance of any functions or the exercise of any powers in relation to extended supervision orders or interim supervision orders.
(2) Without limiting subsection (1), for the purposes of section 105A.19A, the arrangement may authorise a person employed or engaged by a body covered by the arrangement to disclose information (including personal information).
(3) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner’s powers under subsection (1).
105A.22 Annual report
(1) The AFP Minister must, as soon as practicable after each 30 June, cause a report to be prepared about the operation of this Division during the year ended on that 30 June.
Information to be included in report
(2) Without limiting subsection (1), a report relating to a year must include the number of each of the following:
(a) applications for each kind of post‑sentence order made during the year;
(b) applications for each kind of interim post‑sentence order made during the year;
(c) each kind of post‑sentence order made during the year;
(d) each kind of interim post‑sentence order made during the year;
(e) applications for review of each kind of post‑sentence order made by terrorist offenders during the year;
(ea) applications for review of each kind of post‑sentence order made by the AFP Minister, or a legal representative of the AFP Minister, during the year;
(f) each kind of post‑sentence order affirmed during the year;
(g) each kind of post‑sentence order varied during the year;
(h) post‑sentence orders revoked (including by operation of this Act) during the year.
(2A) Without limiting subsection (1), a report relating to a year must also include information about:
(a) the detention arrangements that applied, during the year, to terrorist offenders who were subject to a continuing detention order at any time during the year; and
(b) the rehabilitation or treatment programs that were made available, during the year, to terrorist offenders who were subject to a post‑sentence order at any time during the year; and
(c) funding for the administration of this Division during the year.
Limitations
(2B) Despite subsection (2A), a report under this section must not include information of a kind mentioned in that subsection if:
(a) the information is given to the AFP Minister, or an officer or employee of the Commonwealth, by a person who is a Minister, or an officer or employee, of a State or Territory; and
(b) that person has not consented, in writing, to the information being included in the report.
(2C) If information is not included in a report under this section because of subsection (2B), the report must include a statement to that effect.
Report to be tabled in Parliament
(3) The AFP Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
105A.23 Warning about post‑sentence orders when sentencing for certain offences
(1) This section applies if:
(a) a court is sentencing a person who has been convicted of:
(i) an offence referred to in paragraph 105A.3(1)(a); or
(ii) an offence against section 105A.18A or subsection 105A.18B(1) if paragraph 105A.3A(4)(b) applies in relation to the person; or
(b) both of the following apply:
(i) a court is sentencing a person who has been convicted of an offence referred to in section 104.27 or subsection 104.27A(1);
(ii) the Director of Public Prosecutions informs the court that a warning must be given under this section.
(1A) The court must:
(a) warn the person that an application may be made under this Division for:
(i) a continuing detention order requiring the person to be detained in custody in a prison after the end of the person’s sentence; or
(ii) an extended supervision order imposing conditions on the person after the end of the person’s sentence, a contravention of which is an offence; and
(b) inform the person that the application may be made:
(i) if paragraph (1)(a) applies—before the end of the sentence for that offence, or before the end of any later sentence if the person is continuously detained in custody in a prison; or
(ii) if paragraph (1)(b) applies—before the end of the sentence for the offence referred to in that paragraph.
(2) A failure by the court to comply with subsection (1) does not:
(a) affect the validity of the sentence for the offence; or
(b) prevent an application from being made under this Division in relation to the person.
105A.24 Effect of continuing detention orders on bail or parole laws
(1) A person in relation to whom a continuing detention order or an interim detention order is in force is not eligible to be released on bail or parole until the order ceases to be in force.
(2) Subsection (1) does not prevent the person from applying, before the order ceases to be in force, to be released on bail if the person is charged with an offence while the order is in force.
Note: Although the person can apply to be released on bail, as a result of subsection (1), the person cannot be released on bail until the continuing detention order ceases to be in force.
(3) This section applies despite any law of the Commonwealth, a State or a Territory.
105A.25 Sunset provision
A post‑sentence order, and an interim post‑sentence order, cannot be applied for, affirmed or made, after 7 December 2026.
Division 106—Transitional provisions
106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation
(1) If:
(a) regulations were made before commencement for the purposes of paragraph (c) of the definition of terrorist organisation in subsection 102.1(1), as in force before commencement; and
(b) the regulations were in force immediately before commencement;
the regulations have effect, after commencement, as if they had been made for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1), as in force after commencement.
(2) In this section, commencement means the commencement of this section.
106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
(1) If:
(a) regulations were made before commencement for the purposes of paragraph (a) of the definition of terrorist organisation in subsection 102.1(1), as in force before commencement; and
(b) the regulations were in force immediately before commencement;
the regulations continue to have effect, after commencement, as if they had been made for the purposes of that paragraph, as in force after commencement.
(2) In this section, commencement means the commencement of this section.
106.3 Application provision
The amendments to this Code made by Schedule 1 to the Anti‑Terrorism Act 2005 apply to offences committed:
(a) before the commencement of this section (but not before the commencement of the particular section of the Code being amended); and
(b) after the commencement of this section.
106.4 Saving—Judges of the Federal Circuit Court
(1) An appointment that is in force immediately before the commencement day under subsection 105.2(1) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as an appointment in respect of a Judge of the Federal Circuit and Family Court of Australia (Division 2) under that subsection.
(2) A consent that is in force immediately before the commencement day under subsection 105.2(2) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as a consent in respect of a Judge of the Federal Circuit and Family Court of Australia (Division 2).
(3) A thing done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority for continued preventative detention orders, under Division 105 before the commencement day has effect, on and after that day, as if it had been done by, or in relation to, a Judge of the Federal Circuit and Family Court of Australia (Division 2), as an issuing authority for continued preventative detention orders, under that Division.
(4) In this section:
commencement day means the day Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences.
106.5 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014