New South Wales Consolidated Acts

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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - As at 28 November 2018 - Act 68 of 2017


TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1.1 - Introduction

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act

           Division 1.2 - Interpretation generally

   4.      Definitions
   5.      Offender in lawful custody
   6.      Serving sentence of imprisonment

           Division 1.3 - Key concepts

   7.      Eligible offender
   8.      Convicted NSW terrorist offender
   9.      Convicted NSW underlying terrorism offender
   10.     Convicted NSW terrorism activity offender
   11.     Determining whether eligible offender is convicted NSW underlying terrorism offender or convicted NSW terrorism activity offender
   12.     Preliminary proceedings for declaration that person is relevant offender
   12A.    Persons under suspended orders to be treated as being supervised or detained under this Act

           Division 1.4 - Application of Act

   13.     Application of Act to offences before commencement
   14.     Application of Act to commenced sentences of imprisonment
   15.     Construction of legislation so as not to exceed legislative power

           Division 1.5 - Relationship of Act with other laws

   16.     Relationship of Act with Crimes (High Risk Offenders) Act 2006
   17.     Bail Act 2013 does not apply
   17A.    Public interest immunity not abrogated
   18.     Rules of court

   PART 2 - EXTENDED SUPERVISION ORDERS

           Division 2.1 - Interpretation

   19.     Definition

           Division 2.2 - Supervision of certain eligible offenders

   20.     Supreme Court may make extended supervision orders against eligible offenders if unacceptable risk
   21.     Determination of risk

           Division 2.3 - Application for extended supervision order

   22.     State may apply for extended supervision order
   23.     Requirements with respect to application
   24.     Pre-trial procedures

           Division 2.4 - Determination of application

   25.     Determination of application for extended supervision order
   26.     Term of extended supervision order

           Division 2.5 - Interim supervision orders

   27.     Interim supervision order
   28.     Term of interim supervision order

           Division 2.6 - General

   29.     Conditions that may be imposed on extended or interim supervision order
   30.     Breach of supervision order
   31.     Supervision order may be varied or revoked
   32.     Expiry of Part

   PART 3 - CONTINUING DETENTION ORDERS

           Division 3.1 - Interpretation

   33.     Definitions

           Division 3.2 - Detention of certain eligible offenders

   34.     Supreme Court may make continuing detention orders against eligible offenders if unacceptable risk
   35.     Determination of risk

           Division 3.3 - Application for continuing detention order

   36.     State may make application for continuing detention order
   37.     Requirements for application
   38.     Pre-trial procedures

           Division 3.4 - Determination of application

   39.     Determination of application for continuing detention order
   40.     Term of continuing detention order

           Division 3.5 - Interim detention orders

   41.     Interim detention order
   42.     Term of interim detention order

           Division 3.6 - Emergency detention orders

   43.     Ex parte application for emergency detention order
   44.     Making of emergency detention orders
   45.     Requirements with respect to application
   46.     Term of emergency detention order

           Division 3.7 - General

   47.     Detention order causes any supervision order to cease to have effect
   48.     Detention order may be varied or revoked
   49.     Warrant of committal

   PART 4 - SUPREME COURT PROCEEDINGS

   50.     Nature and conduct of proceedings
   51.     Victim statements
   52.     Submissions by prescribed terrorism intelligence authorities
   53.     Right of appeal
   54.     Hearings
   55.     Costs not to be awarded against offender
   56.     Preservation of Supreme Court jurisdiction

   PART 5 - INFORMATION ABOUT ELIGIBLE OFFENDERS

           Division 5.1 - Interpretation

   57.     Definitions

           Division 5.2 - Requirements and requests for offender information

   58.     Requirement to provide offender information to Attorney General
   59.     Request to provide offender information to Attorney General

           Division 5.3 - Use of information involving terrorism intelligence

   59A.    Making terrorism intelligence applications
   59B.    Appointment and role of independent third parties
   59C.    Steps to maintain confidentiality
   59D.    Withdrawal of information to which a terrorism intelligence application relates
   59E.    Agreements concerning dealing with terrorism intelligence
   59F.    Orders by Supreme Court
   60.     Regulations concerning dealing with terrorism intelligence

           Division 5.4 - General

   60A.    Withdrawal from consideration of documents or reports for which public interest immunity claimed
   61.     Admissibility of documents or reports provided under Part

   PART 6 - ROLE OF HRO ASSESSMENT COMMITTEE AND INTER-AGENCY CO-OPERATION

   62.     Meaning of "relevant agency"
   63.     Functions of HRO Assessment Committee
   64.     Inter-agency co-operation
   65.     Exchange of information and co-operative management of offenders

   PART 7 - MISCELLANEOUS

   66.     Attorney General or prescribed person to act on behalf of State
   67.     Exchange of information about terrorism activities with other Australian jurisdictions and their agencies
   68.     Proceedings for offences
   69.     Orders may be made at same time
   70.     Eligible offenders may be warned about application of Act
   71.     Disclosure and use of application documentation
   71A.    Use of certain information provided under Act in parole proceedings
   72.     Protection of certain persons from liability
   73.     Evidentiary certificates
   74.     Regulations
           SCHEDULE 1
           Schedule 2 (Repealed)


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