12Preliminary proceedings for declaration that person is relevant offender

12 Preliminary proceedings for declaration that person is relevant offender

12 Preliminary proceedings for declaration that person is relevant offender

(1) 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) a convicted NSW terrorist offender,

(b) a convicted NSW underlying terrorism offender,

(c) a convicted NSW terrorism activity offender.

(2) An application for a declaration may be made—

(a) 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

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

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

(a) a convicted NSW terrorist offender, or

(b) a convicted NSW underlying terrorism offender, or

(c) a convicted NSW terrorism activity offender.

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

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

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

(b) 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.

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

(a) 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

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