New South Wales Consolidated Acts

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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 37

Requirements for application

37 Requirements for application

(1) An application for a continuing detention order may be made only in respect of--
(a) a detained offender, or
(b) a supervised offender.
(2) An application for a continuing detention order in respect of a detained offender may not be made more than 12 months before--
(a) the end of the offender's total sentence, or
(b) the expiry of the existing continuing detention order,
as appropriate.
(3) An application in respect of a supervised offender who is serving a sentence of imprisonment may not be made more than 12 months before the end of the person's total sentence.
(4) An application must be supported by documentation--
(a) that addresses each of the matters referred to in section 39 (3), and
(b) that includes a report (prepared by a qualified psychiatrist, registered psychologist, registered medical practitioner or other relevant expert) that assesses the likelihood of the eligible offender committing a serious terrorism offence.
(5) An application may indicate the kinds of conditions that are considered to be appropriate for inclusion under section 29 in the event that an extended supervision order is made.



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