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Criminal Code Regulations 2019
9Terrorist offender unable to engage legal representative in continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
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#### 9 Terrorist offender unable to engage legal representative in continuing detention order proceedings—matters court may take into account in determining whether circumstances beyond offender’s control
For the purposes of paragraph 105A.15A(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond an offender’s control in relation to a continuing detention order proceeding:
(a) the offender’s financial circumstances;
(b) whether the offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender’s inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;
(c) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;
(d) any other matter that the Court considers relevant.