New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 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).
(7) The Supreme
Court may revoke a declaration on the application of the State or the person
in respect of whom it is made.
(8) Effect of declaration While a declaration
is in force in respect of a person, the State is not required to establish for
the purposes of proceedings for an order under Part 2 or 3 in respect of the
person that-- (a) the person is an eligible offender, or
(b) the person is a
convicted NSW terrorist offender, convicted NSW underlying terrorism offender
or convicted NSW terrorism activity offender (as the case requires).
(9)
Further applications If the Supreme Court refuses to make a declaration in
respect of a person or a declaration expires or is revoked, the refusal,
expiry or revocation does not prevent-- (a) another application for a
declaration being made in respect of the same person, or
(b) the Supreme
Court granting that application if satisfied of any of the matters referred to
in subsection (3) at that time.
(10) Power of Supreme Court to make
declarations not limited This section does not limit any other power of the
Supreme Court to make declarations.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback