South Australian Current Acts

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CRIMINAL LAW (HIGH RISK OFFENDERS) ACT 2015 - SECT 19A

19A—Special procedures for terror suspects

        (1)         Despite any other provision of this Act, a decision of the Parole Board relating to a terror suspect (other than a decision to issue a direction under section 11(6)(b)) is of no effect unless it is confirmed by the presiding member of the Parole Board in accordance with this section.

        (2)         The presiding member of the Parole Board must, before confirming a decision relating to a terror suspect, invite a terrorism intelligence authority to make submissions to the presiding member in relation to the proposed decision.

        (3)         The presiding member of the Parole Board must not confirm a decision of the Parole Board relating to a terror suspect unless the presiding member is satisfied that the decision is appropriate in all the circumstances.

        (4)         The presiding member of the Parole Board may determine to—

            (a)         confirm a decision of the Parole Board (in which case the decision of the Board is taken to have effect immediately); or

            (b)         reject a decision of the Parole Board and substitute the presiding member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or

            (c)         refer the matter back to the Parole Board for a further decision with any recommendations the presiding member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance).

        (5)         The presiding member of the Parole Board is not required to provide any grounds or reasons for a determination under this section to the person the subject of the determination.

        (6)         Information forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney-General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made).

        (7)         If the presiding member of the Parole Board is for any reason absent or unable to act for the purpose of this section—

            (a)         if the first deputy presiding member of the Parole Board is available, the first deputy presiding member must act as the presiding member for that purpose; or

            (b)         if the first deputy presiding member is for any reason absent or unable to act for that purpose, the second deputy presiding member of the Parole Board must act as the presiding member for that purpose.



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