New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 26

26 Term of extended supervision order

(1) An extended supervision order commences when it is made, or when the eligible offender's current custody or supervision expires, whichever is the later.

(2) However the Supreme Court may, if an extended supervision order is made in proceedings on an application for a continuing detention order, defer the operation of an extended supervision order for a period of up to 7 days (the
"deferral period" ) if--

(a) the Court considers that it is necessary to detain the eligible offender for the deferral period to enable arrangements to be made for supervision of the offender in the community, and

(b) it does not appear to the Court that an interim detention order can be made for the interim detention of the eligible offender.

(3) On the deferral of the operation of an extended supervision order, the Supreme Court may order that the eligible offender concerned be detained for such period (not exceeding the deferral period) after the offender's current custody expires as is specified in the order.

(4) As soon as practicable after making an order under subsection (3), the Supreme Court must issue a warrant for the committal of the eligible offender for the specified period after the offender's current custody expires.

(5) The warrant is sufficient authority for the eligible offender to be kept in custody in accordance with the terms of the warrant.

(6) An extended supervision order expires at the end of--

(a) such period (not exceeding 3 years from the day on which it commences) as is specified in the order, or

(b) if the order is suspended for any period, the period specified in paragraph (a) plus each period during which the order is suspended.

(7) An eligible offender's obligations under an extended supervision order are suspended while the offender is in lawful custody, whether under this or any other Act or law.

(8) Nothing in this section prevents the Supreme Court from making a second or subsequent extended supervision order in respect of the same eligible offender.