Commonwealth: Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (Cth)

Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 No. 131, 2021 An Act to amend the law relating to counter‑terrorism, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Extended supervision orders Part 1—Main amendments Criminal Code Act 1995 Part 2—Main consequential amendments Administrative Decisions (Judicial Review) Act 1977 Australian Security Intelligence Organisation Act 1979 Crimes Act 1914 Intelligence Services Act 2001 National Security Information (Criminal and Civil Proceedings) Act 2004 Surveillance Devices Act 2004 Telecommunications (Interception and Access) Act 1979 Part 3—Other consequential amendments Crimes Act 1914 Telecommunications (Interception and Access) Act 1979 Schedule 2—Contingent amendments Telecommunications (Interception and Access) Act 1979 Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 No. 131, 2021 An Act to amend the law relating to counter‑terrorism, and for related purposes [Assented to 8 December 2021] The Parliament of Australia enacts: 1 Short title This Act is the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 8 December 2021 2. Schedule 1 The day after this Act receives the Royal Assent. 9 December 2021 3. Schedule 2 The later of: 9 December 2021 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (a) applies) (b) the commencement of Part 1 of Schedule 1 to the Telecommunications Legislation Amendment (International Production Orders) Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Extended supervision orders Part 1—Main amendments Criminal Code Act 1995 1 Subsection 72.3(3) of the Criminal Code (note) After "continuing detention orders", insert "and extended supervision orders". 2 Subsection 100.1(1) of the Criminal Code Insert: detained in custody has the meaning given by subsection (3A). detained in custody in a prison has the meaning given by subsection (3B). detained in non‑prison custody has the meaning given by subsection (3C). immigration detention has the same meaning as in the Migration Act 1958. interim post‑sentence order has the meaning given by section 105A.2. monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object. Note: See also the definition of related monitoring equipment in this subsection. personal information has the same meaning as in the Privacy Act 1988. post‑sentence order has the meaning given by section 105A.2. related monitoring equipment, in relation to a monitoring device, means any electronic equipment necessary for operating the monitoring device. reside includes reside temporarily. residence includes temporary residence. specified authority: a person, or person in a class of persons, is a specified authority for a requirement or condition in a control order, an extended supervision order or interim supervision order in relation to another person (the subject) if: (a) the person or class is any of the following: (i) a police officer, or class of police officer; (ii) if the requirement or condition relates to electronic monitoring—a person, or class of person, who is involved in electronically monitoring the subject; (iii) for any requirement or condition in the order—any other person, or class of person; and (b) the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and (c) the person or class is specified in the order. 3 Subsection 100.1(1) of the Criminal Code (definition of tracking device) Repeal the definition. 3A Before subsection 100.1(2) of the Criminal Code Insert: Elements of the definition of terrorist act 3B After subsection 100.1(3) of the Criminal Code Insert: Definition of detained in custody etc. (3A) A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory. (3B) A person is detained in custody in a prison if the person is detained in custody in a gaol, lock‑up or remand centre, including under a continuing detention order or interim detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock‑up or remand centre. (3C) A person is detained in non‑prison custody if the person is detained in custody, but is not detained in custody in a prison. Note: An example of a person who is detained in non‑prison custody is a person who is in immigration detention (whether in a gaol, lock‑up, remand centre or otherwise). References to person, property or public 4 Subsection 100.1(4) of the Criminal Code (note) Omit "must warn the person about continuing detention orders", substitute "or convicted of an offence relating to control orders or extended supervision orders, may be required to warn the person about continuing detention orders and extended supervision orders". 5 Subsection 102.1(1) of the Criminal Code (the definition of close family member) Repeal the definition, substitute: close family member of a person (the first person) means: (a) the first person's spouse or de facto partner; or (b) a parent, step‑parent or grandparent of the first person; or (c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or (d) a child, step‑child or grandchild of the first person; or (e) any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or (f) a brother, sister, step‑brother or step‑sister of the first person; or (g) any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or (h) a guardian or carer of the first person. 6 Subsection 102.1(19) of the Criminal Code Repeal the subsection. 6A Subsection 104.2(5) of the Criminal Code (note) Repeal the note, substitute: Note: An interim control order in relation to a person who is detained in custody in a prison does not begin to be in force until the person ceases to be detained in custody in a prison (see paragraph 104.5(1)(d) and subsection 104.5(1D)). 7 Subparagraph 104.3(e)(i) of the Criminal Code After "the orders)", insert ", and all previous applications for post‑sentence orders or interim post‑sentence orders,". 8 Subparagraph 104.3(e)(ii) of the Criminal Code After "control orders", insert "or of post‑sentence orders". 9 After subparagraph 104.3(e)(iii) of the Criminal Code Insert: (iiia) the outcomes and particulars of all previous applications for revocations of post‑sentence orders or interim post‑sentence orders made in relation to the person; (iiib) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person; (iiic) the outcomes and particulars of all previous applications for review of post‑sentence orders in relation to the person; 10 Subsection 104.4(3) of the Criminal Code Repeal the subsection. 11 Subparagraph 104.5(1)(d)(ii) of the Criminal Code Repeal the subparagraph, substitute: (ii) if the order does not begin to be in force under subsection (1D) when it is served personally on the person—the order begins to be in force under subsection (1E); and 12 Before subsection 104.5(1A) of the Criminal Code Insert: Attendance of person at court 13 After subsection 104.5(1C) of the Criminal Code Insert: Rules relating to the period an interim control order is in force (1D) The interim control order does not begin to be in force when it is served personally on the person if, at that time: (a) the person is detained in custody in a prison; or (b) an extended supervision order or interim supervision order is in force in relation to the person. Note: An interim control order in relation to a person who is detained in non‑prison custody begins to be in force when the order is served personally on the person (see paragraph (1)(d)). (1E) The interim control order referred to in subsection (1D) instead begins to be in force when all of the following conditions are met: (a) either of the following events occurs: (i) the person ceases to be detained in custody in a prison; (ii) the extended supervision order or interim supervision order ceases to be in force in relation to the person; (b) when the event occurs: (i) the interim control order has not been confirmed under section 104.14; and (ii) the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person. Note: Persons detained in non‑prison custody are taken to be in the community (see section 105A.18AA). (1F) To avoid doubt, the interim control order never comes into force if the condition in subparagraph (1E)(b)(ii) is not met. 14 Subsection 104.5(2AA) of the Criminal Code (note) Repeal the note. 15 Before subsection 104.5(2A) of the Criminal Code Insert: National security information 16 Paragraph 104.5(3)(d) of the Criminal Code Repeal the paragraph, substitute: (d) a requirement that the person be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring; (da) a requirement that: (i) the person carry at all times a specified mobile phone; and (ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and (iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the requirement in subparagraph (i) or (ii); 17 Subsection 104.5(3) of the Criminal Code (note) Omit "Note", substitute "Note 1". 18 At the end of subsection 104.5(3) of the Criminal Code Add: Note 2: For paragraph (3)(d), see also: (a) section 104.5A (obligations relating to monitoring devices); and (b) section 104.28C (sharing information relating to electronic monitoring); and (c) section 104.28D (arrangements for electronic monitoring and other functions and powers). 19 Subsections 104.5(3A) and (3B) of the Criminal Code Repeal the subsections, substitute: (3A) A specified authority may give a direction under paragraph (3)(d) or (da) only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to: (a) the requirement in that paragraph; or (b) the objects of this Division (see section 104.1). 20 At the end of Subdivision B of Division 104 of the Criminal Code Add: 104.5A Obligations relating to monitoring devices Additional obligations on person (1) If the issuing court imposes a requirement under paragraph 104.5(3)(d) in a control order that a person wear a monitoring device, then: (a) the requirement must specify that the person wear the monitoring device at all times; and (b) the order must include the requirement referred to in paragraph 104.5(3)(da); and (c) the order must include a requirement that the person do all of the following: (i) allow a specified authority to enter the person's residence at any reasonable time for any purpose relating to the electronic monitoring of the person; (ii) allow a specified authority to install, repair or fit the monitoring device or any related monitoring equipment; (iii) take the steps specified in the order (if any) and any other reasonable steps to ensure that the monitoring device and any related monitoring equipment are or remain in good working order; (iv) if the person becomes aware that the monitoring device and any related monitoring equipment are not in good working order—notify a specified authority as soon as reasonably practicable; (v) allow a specified authority, police officer or corrective services officer to remove the monitoring device; (vi) allow a police officer to remove any related monitoring equipment. Powers of specified authorities and others (2) After including the requirement under paragraph 104.5(3)(d) in the order, the court must also include in the order an authorisation for: (a) one or more specified authorities to enter the person's residence as specified in the order at any reasonable time for any purpose relating to the electronic monitoring of the person; and (b) one or more specified authorities to install, repair or fit the monitoring device and any related monitoring equipment; and (c) one or more specified authorities or police officers to take the steps specified in the order to ensure that the device and any related monitoring equipment are or remain in good working order; and (d) one or more specified authorities, police officers or corrective services officers to remove the monitoring device; and (e) one or more police officers to remove any related monitoring equipment. (3) If: (a) a monitoring device is installed on the person; and (b) either: (i) the requirement under paragraph 104.5(3)(d) is removed from the control order; or (ii) the control order ceases to be in force; the device and any related monitoring equipment may be removed in accordance with paragraph (2)(d) or (e) even though no authorisation under subsection (2) is in force. Powers relating to monitoring devices and related electronic equipment (4) Before exercising a power referred to in paragraph (2)(a), (b), (d) or (e), or subsection (3), a specified authority, police officer or corrective services officer must inform the person: (a) that the device and equipment are to be installed, repaired, fitted or removed (as the case requires); and (b) of the proposed timing of the taking of the action; and (c) that the person may consent to the taking of the action; and (d) that if consent is not given, reasonable force may be used to take the action, or to enter the person's residence in order to take the action. (5) If the person does not give consent, reasonable force may be used by a police officer to take the action, or to enter the person's residence in order to take the action. 21 Paragraph 104.12A(4)(a) of the Criminal Code Before "the order", insert "if the order is in force—". 22 Subparagraph 104.12A(4)(b)(i) of the Criminal Code Repeal the subparagraph, substitute: (i) annotate a copy of the order to indicate that it has ceased to be in force or will not come into force (as the case requires); and 23 Section 104.15 of the Criminal Code (heading) Repeal the heading, substitute: 104.15 Effect of confirmation process on interim control orders 24 Before subsection 104.15(1) of the Criminal Code Insert: Void interim control orders 25 Before subsection 104.15(2) of the Criminal Code Insert: Revoked interim control orders 26 Before subsection 104.15(3) of the Criminal Code Insert: Confirming interim control orders that were in force 27 Subsection 104.15(3) of the Criminal Code After "then", insert "(subject to subsection (4) of this section)". 28 At the end of section 104.15 of the Criminal Code Add: Interim control orders that were not in force (4) The interim control order never comes into force if: (a) the court confirms the interim control order (with or without variation) under section 104.14 in relation to a person; and (b) the interim control order had not begun to be in force when it was served personally on the person because of subsection 104.5(1D). (5) The confirmed control order begins to be in force when all of the following conditions are met: (a) the relevant interim control order did not begin to be in force when it was served personally on the person because of subsection 104.5(1D); (b) either of the following events occurs: (i) the person is released from custody in a prison into the community; (ii) the extended supervision order or interim supervision order referred to in paragraph 104.5(1D)(b) ceases to be in force in relation to the person; (c) when the event occurs, the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person. Note: Persons detained in non‑prison custody are taken to be in the community (see section 105A.18AA). (6) To avoid doubt, the confirmed control order never comes into force if the condition in paragraph (5)(c) is not met. 29 At the end of Subdivision D of Division 104 of the Criminal Code Add: 104.17A Cessation of a control order if post‑sentence order made (1) If: (a) a control order or interim control order has already been served on a person; and (b) a post‑sentence order or interim post‑sentence order begins to be in force in relation to the person; then: (c) if the control order or interim control order is in force—that order immediately ceases to be in force; and (d) an AFP member must: (i) annotate a copy of that order to indicate that it has ceased to be in force or will not come into force (as the case requires); and (ii) cause an annotated copy to be served personally on the person; and (iii) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor an annotated copy. 30 Subsection 104.24(3) of the Criminal Code Repeal the subsection. 30A Section 104.27 of the Criminal Code Before "A person", insert "(1)". 31 Section 104.27 of the Criminal Code (before the penalty) Insert: Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23). 31A At the end of section 104.27 of the Criminal Code Add: (2) Subsection (1) does not apply if the person contravenes the order because the person is detained in non‑prison custody. Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3). 32 Section 104.27A of the Criminal Code (heading) Omit "tracking devices", substitute "monitoring devices". 33 Paragraph 104.27A(1)(b) of the Criminal Code Omit "tracking device", substitute "monitoring device". 34 Paragraph 104.27A(1)(d) of the Criminal Code Omit "tracking device", substitute "monitoring device or any related monitoring equipment". 35 After subsection 104.27A(1) of the Criminal Code (before the penalty) Insert: Note: A court that is sentencing a person who has been convicted of an offence against this subsection may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23). 36 Paragraph 104.27A(2)(b) of the Criminal Code Omit "tracking device", substitute "monitoring device". 37 Paragraph 104.27A(2)(d) of the Criminal Code Omit "tracking device", substitute "monitoring device or any related monitoring equipment". 37A Section 104.28B of the Criminal Code Repeal the section, substitute: 104.28B Giving documents to persons detained in custody (1) A document that is required under this Division to be given to a person (the detainee) personally who is detained in custody is taken to have been given to the detainee at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient): (a) the legal representative of the detainee; (b) if the detainee does not have a legal representative—the chief executive officer (however described) of the prison or other facility in which the person is detained, or a delegate of the chief executive officer. Note: The obligation to inform the detainee of the matters referred to in paragraphs 104.12(1)(b), 104.17(1)(b) and 104.26(1)(b) and (c) might not apply if it is impracticable for an AFP member to comply with the obligation (see subsections 104.12(3A), 104.17(2A) and 104.26(3A)). (2) The recipient must, as soon as reasonably practicable, give the document to the detainee personally. (3) Once the recipient has done so, the recipient must notify the Court and the person who gave the recipient the document, in writing: (a) that the document has been given to the detainee; and (b) of the day that document was so given. 38 After section 104.28B of the Criminal Code Insert: 104.28C Sharing information relating to electronic monitoring (1) An AFP member may disclose information (including personal information), to a person employed or engaged by a body covered by an arrangement under subsection 104.28D(1), for the purpose of facilitating: (a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5(3)(d); or (b) the performance of any other functions or the exercise of any other powers relating to section 104.5A. (2) A person (the first person) employed or engaged by a body covered by an arrangement under subsection 104.28D(1) may disclose information (including personal information) to another person if the first person reasonably believes that the disclosure is authorised by the arrangement. (3) This section applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten). 104.28D Arrangements for electronic monitoring and other functions and powers (1) The Commissioner of the Australian Federal Police may make an arrangement with a State or Territory, or any other body, for: (a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5(3)(d); or (b) the performance of any other functions or the exercise of any other powers relating to section 104.5A. (2) Without limiting subsection (1), for the purposes of section 104.28C, the arrangement may authorise a person employed or engaged by a body covered by the arrangement to disclose information (including personal information). (3) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner's powers under subsection (1). 39 Subparagraph 105.7(2)(e)(ii) of the Criminal Code After "the orders)", insert ", and all previous applications for post‑sentence orders or interim post‑sentence orders,". 40 Subparagraph 105.7(2)(e)(iii) of the Criminal Code After "control orders", insert "or of post‑sentence orders". 41 Subparagraph 105.7(2)(e)(iv) of the Criminal Code Omit "person; and", substitute "person;". 42 At the end of paragraph 105.7(2)(e) of the Criminal Code Add: (v) the outcomes and particulars of all previous applications for revocations of post‑sentence orders or interim post‑sentence orders made in relation to the person; (vi) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person; (vii) the outcomes and particulars of all previous applications for review of post‑sentence orders made in relation to the person; and 43 Subparagraph 105.11(2)(e)(ii) of the Criminal Code After "the orders)", insert ", and all previous applications for post‑sentence orders or interim post‑sentence orders,". 44 Subparagraph 105.11(2)(e)(iii) of the Criminal Code After "control orders", insert "or of post‑sentence orders". 45 Subparagraph 105.11(2)(e)(iv) of the Criminal Code Omit "person; and", substitute "person;". 46 At the end of paragraph 105.11(2)(e) of the Criminal Code Add: (v) the outcomes and particulars of all previous applications for revocations of post‑sentence orders made in relation to the person; (vi) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person; (vii) the outcomes and particulars of all previous applications for review of post‑sentence orders made in relation to the person; and 47 Subparagraph 105.14A(4)(e)(iii) of the Criminal Code After "control order", insert "or post‑sentence order". 47A Paragraph 105.26(5)(b) of the Criminal Code After "custody", insert ", and detained in custody,". 48 Subsections 105.35(3) and (4) of the Criminal Code Repeal the subsections, substitute: (3) In this section: family member of a person (the first person) means: (a) the first person's spouse or de facto partner; or (b) a parent, step‑parent or grandparent of the first person; or (c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or (d) a child, step‑child or grandchild of the first person; or (e) any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or (f) a brother, sister, step‑brother or step‑sister of the first person; or (g) any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or (h) a guardian or carer of the first person. 49 Division 105A of the Criminal Code (heading) Repeal the heading, substitute: Division 105A—Post‑sentence orders 50 Section 105A.1 of the Criminal Code Repeal the section, substitute: 105A.1 Object The object of this Division is to protect the community from serious Part 5.3 offences by providing that terrorist offenders who pose an unacceptable risk of committing such offences are subject to: (a) a continuing detention order; or (b) an extended supervision order. 51 Section 105A.2 of the Criminal Code Before "In this Division", insert "(1)". 52 Section 105A.2 of the Criminal Code Repeal the following definitions: (a) the definition of continuing detention order decision; (b) the definition of continuing detention order proceeding. 53 Section 105A.2 of the Criminal Code Insert: exemption condition has the meaning given by subsection 105A.7C(2). extended supervision order means an order made under subsection 105A.7A(1). interim post‑sentence order means an interim detention order or an interim supervision order. interim supervision order means an order made under subsection 105A.9A(4). post‑sentence order means a continuing detention order or an extended supervision order. post‑sentence order decision means: (a) a decision on an application for a post‑sentence order or an interim post‑sentence order; or (b) a decision on an application to vary an extended supervision order or interim supervision order; or (c) a decision in a review of a post‑sentence order to affirm, revoke or vary the order; or (d) a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative). Note: See also subsection (2). post‑sentence order proceeding means a proceeding under Subdivision C, CA, CB or D. premises includes a place, an aircraft, a vehicle and a vessel. 53A Section 105A.2 of the Criminal Code (definition of prison) Omit "or other place of detention", substitute "or remand centre". 54 Section 105A.2 of the Criminal Code (definition of relevant expert) Omit "if the offender is released into the community". 55 Section 105A.2 (definition of terrorist offender) Repeal the definition, substitute: terrorist offender: (a) has the meaning given by subsection 105A.3(1); and (b) includes a person who meets the conditions in paragraphs 105A.3(1)(a) and (c) and: (i) paragraphs 105A.3A(4)(a) and (b); or (ii) paragraphs 105A.3A(5)(a) to (e). Note: This definition is affected by sections 105A.2A and 105A.18. 56 At the end of section 105A.2 of the Criminal Code Add: (2) To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a post‑sentence order or interim post‑sentence order is not made until the Court determines the application in accordance with section 105A.6A or subsection 105A.9(1B) or 105A.9A(3). 57 Section 105A.2A of the Criminal Code Repeal the section, substitute: 105A.2A Persons who have escaped from custody For the purposes of this Division (except section 105A.4) if: (a) a person is detained in custody for a reason (for example, because the person is serving a sentence of imprisonment, on remand or subject to a continuing detention order); and (b) the person escapes from custody; the person is taken to be detained in custody for that reason until the person is returned to custody. Note: For the definition of detained in custody, see subsection 100.1(1). 58 Subdivision B of Division 105A of the Criminal Code (heading) Repeal the heading, substitute: Subdivision B—Post‑sentence orders 59 Section 105A.3 of the Criminal Code Repeal the section, substitute: 105A.3 Who a post‑sentence order may apply to and effect of post‑sentence orders (1) A post‑sentence order may be made under section 105A.7 or 105A.7A in relation to a person (the terrorist offender) if: (a) the person has been convicted of: (i) an offence against Subdivision A of Division 72 (international terrorist activities using explosive or lethal devices); or (ii) a serious Part 5.3 offence; or (iii) an offence against Part 5.5 (foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (publishing recruitment advertisements); or (iv) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978, except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements); and (b) a subsection of section 105A.3A provides that the order may be made in relation to the person; and (c) the person will be at least 18 years old when the sentence for the conviction referred to in paragraph (a) of this subsection ends. Note: Before making the order, a Court must be satisfied of certain matters under section 105A.7 or 105A.7A. Effect of continuing detention order (2) The effect of a continuing detention order is to commit the person to detention in a prison for the period the order is in force. Note 1: The period must not be more than 3 years (see subsection 105A.7(5)). Note 2: See also: (a) section 105A.18C (effect of detention on post‑sentence order); and (b) subsection 105A.21(2) (arrangements with States and Territories); and (c) section 105A.24 (effect of continuing detention orders on bail or parole laws). Effect of an extended supervision order (3) The effect of an extended supervision order is to impose on the person, for the period the order is in force, conditions contravention of which is an offence. Note 1: The period must not be more than 3 years (see paragraph 105A.7A(4)(d)). Note 2: See also section 105A.18C (effect of detention on post‑sentence order). 105A.3A Preconditions for post‑sentence orders Post‑sentence orders—person imprisoned for paragraph 105A.3(1)(a) offence (1) A post‑sentence order may be made in relation to a person if the person is detained in custody in a prison serving a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a). Post‑sentence orders—continuing detention order in force (2) A post‑sentence order may be made in relation to a person if a continuing detention order or interim detention order is in force in relation to the person. Post‑sentence orders—person imprisoned for other offences (3) A post‑sentence order may be made in relation to a person if: (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence other than an offence referred to in paragraph 105A.3(1)(a); and (b) either: (i) the person has been continuously detained in custody in a prison since being convicted of the offence referred to in paragraph 105A.3(1)(a); or (ii) the person has been continuously detained in custody in a prison since a continuing detention order or interim detention order was in force in relation to the person. Note: For the definition of detained in custody in a prison, see subsection 100.1(1). (4) A post‑sentence order may be made in relation to a person if: (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence against section 105A.18A or subsection 105A.18B(1) (offences relating to extended supervision orders and interim supervision orders); and (b) the person was charged with the offence before the later of: (i) the relevant extended supervision order or interim supervision order ceasing to be in force; and (ii) the end of 6 months after the conduct constituting the offence; and (c) the Court making the post‑sentence order is satisfied, as a result of the offence referred to in paragraph (a), that the person poses an unacceptable risk of committing a serious Part 5.3 offence. (5) A post‑sentence order may be made in relation to a person if: (a) the person served a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a); and (b) before the person was released from custody in a prison: (i) the AFP Minister's consent to a request for an interim control order was sought under section 104.2; or (ii) a request for an interim control order was made under section 104.6; and (c) the interim control order was made as a result of the request; and (d) the person is detained in custody in a prison serving a sentence of imprisonment for an offence against section 104.27 or subsection 104.27A(1) (offences relating to control orders) in relation to: (i) the interim control order; or (ii) the control order that resulted from confirming the interim control order; and (e) the person was charged with the offence referred to in paragraph (d) before the later of: (i) the order referred to in that paragraph ceased to be in force; and (ii) the end of 6 months after the conduct constituting the offence; and (f) the Court making the post‑sentence order is satisfied, as a result of the offence referred to in paragraph (d), that the person poses an unacceptable risk of committing a serious Part 5.3 offence. Supervision orders—supervision order in force (6) An extended supervision order or interim supervision order may be made in relation to a person if an extended supervision order or interim supervision order is in force in relation to the person. Supervision orders—person imprisoned for other offences (7) An extended supervision order or interim supervision order may be made in relation to a person if: (a) the person is detained in custody in a prison serving a sentence of imprisonment for an offence other than the offence referred to in paragraph 105A.3(1)(a); and (b) at the beginning of the person's detention in custody in a prison, an extended supervision order or interim supervision order was in force in relation to the person. Note: Paragraph (a)—an offence against section 105A.18A or subsection 105A.18B(1) (relating to an extended supervision order or interim supervision order) is an example of an offence other than the offence referred to in paragraph 105A.3(1)(a). Supervision orders—control orders requested before commencement (8) An extended supervision order or interim supervision order may be made in relation to a person if: (a) the person served a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a); and (b) before the person was released from custody in a prison, and before the commencement of this subsection: (i) the AFP Minister's consent to a request for an interim control order was sought under section 104.2; or (ii) a request for an interim control order was made under section 104.6; and (c) either: (i) the interim control order is in force; or (ii) the interim control order was confirmed and the confirmed control order is in force. Interpretation (9) To avoid doubt, subsection (3) applies: (a) whether the offence for which the person is serving the sentence of imprisonment is an offence against a law of the Commonwealth, a State or a Territory; and (b) whether the sentence served for the offence referred to in paragraph 105A.3(1)(a) was served concurrently or cumulatively, or both, with: (i) the sentence referred to in paragraph (3)(a) of this section; or (ii) any of the other sentences served by the person since being convicted of the offence referred to in paragraph 105A.3(1)(a) (the other sentences); and (c) whether the sentence referred to in paragraph (3)(a) of this section or the other sentences were imposed before or after, or at the same time as, the sentence for the offence referred to in paragraph 105A.3(1)(a); and (d) whether or not the person has been continuously serving a sentence of imprisonment for an offence since being convicted of the offence referred to in paragraph 105A.3(1)(a). (10) To avoid doubt, subsection (7) applies whether the offence for which the person is serving the sentence of imprisonment is an offence against a law of the Commonwealth, a State or a Territory. 59A Subsection 105A.4(1) of the Criminal Code After "detained in", insert "custody in". 60 Subdivision C of Division 105A of the Criminal Code (heading) Repeal the heading, substitute: Subdivision C—Making post‑sentence orders 61 Section 105A.5 of the Criminal Code (heading) Repeal the heading, substitute: 105A.5 Applying for a post‑sentence order 62 Subsection 105A.5(1) of the Criminal Code Repeal the subsection, substitute: (1) The AFP Minister, or a legal representative of the AFP Minister, (the applicant) may apply to a Supreme Court of a State or Territory for either of the following: (a) a continuing detention order in relation to a terrorist offender; (b) an extended supervision order in relation to a terrorist offender. Note: The court may make an extended supervision order under section 105A.7A even if a continuing detention order is applied for. 63 Paragraph 105A.5(2)(a) of the Criminal Code Repeal the paragraph, substitute: (a) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a); or 64 Paragraph 105A.5(2)(b) of the Criminal Code Omit "continuing detention order", substitute "post‑sentence order". 65 At the end of subsection 105A.5(2) of the Criminal Code Add: ; or (c) if subsection 105A.3A(8) applies in relation to the offender—the period the interim control order referred to in subparagraph 105A.3A(8)(c)(i) or confirmed control order referred to in subparagraph 105A.3A(8)(c)(ii) is in force. 66 After subsection 105A.5(2) of the Criminal Code Insert: (2AA) To avoid doubt, if both paragraphs (2)(a) and (b) apply in relation to a terrorist offender, the application may be made in accordance with either paragraph (even though the other paragraph may prevent an application from being made in relation to the offender). 67 Subsection 105A.5(2A) of the Criminal Code Repeal the subsection, substitute: (2A) The AFP Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer or intelligence or security officer that would reasonably be regarded as supporting a finding that: (a) if the application is for a continuing detention order—neither a continuing detention order nor an extended supervision order should be made in relation to the offender; or (b) if the application is for an extended supervision order—the extended supervision order should not be made in relation to the offender. 68 Paragraph 105A.5(3)(aa) of the Criminal Code Omit "the order", substitute "the order or orders mentioned in paragraph (2A)(a) or (b) (as the case requires)". 69 After paragraph 105A.5(3)(c) of the Criminal Code Insert: ; and (d) if the application is for an extended supervision order—include the following material: (i) a copy of the proposed conditions; (ii) an explanation as to why each of the proposed conditions should be imposed on the offender; (iii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person); (iv) if the offender is subject to an order under a law of a State or Territory that is equivalent to a post‑sentence order—a copy of that order; and (e) if a report was obtained under section 105A.18D in relation to the offender—include a copy of the report. 70 Subsection 105A.5(3) of the Criminal Code (note 1) Repeal the note, substitute: Note 1: For paragraph (3)(c), the period must not be more than 3 years (see subsection 105A.7(5) and paragraph 105A.7A(4)(d)). 71 Subsection 105A.5(3) of the Criminal Code (note 3) Repeal the note, substitute: Note 3: A copy of the application must be given to the terrorist offender under section 105A.14A. 72 Subsections 105A.5(4) to (10) of the Criminal Code Repeal the subsections (including the note at the end of subsection 105A.5(10)). 73 Subsection 105A.6(1) of the Criminal Code Omit "continuing detention order is made", substitute "post‑sentence order is made under section 105A.5". 74 Subsection 105A.6(2) of the Criminal Code Omit "105A.5(4)", substitute "105A.14A(2)". 75 Subsection 105A.6(3) of the Criminal Code Omit "continuing detention order", substitute "post‑sentence order". 76 Paragraph 105A.6(4)(a) of the Criminal Code Omit "if the offender is released into the community". 77 Subsection 105A.6(4) of the Criminal Code (note) Repeal the note, substitute: Note: For giving documents to a terrorist offender who is in custody, see section 105A.15. 78 Subsection 105A.6(5A) of the Criminal Code Repeal the subsection, substitute: (5A) The answer to a question or information given at the assessment, and answering a question or giving information at the assessment, are not admissible in evidence against the offender in: (a) any criminal proceedings, except any proceedings relating to sentencing for an offence against Division 104 or this Division (including any appeal in relation to those proceedings); or (b) any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings). 79 Subsection 105A.6(6) of the Criminal Code Repeal the subsection, substitute: (6) The Court must ensure that the effect of subsections (5), (5A) and (9) is explained to the offender. 80 Paragraphs 105A.6(7)(a) and (g) of the Criminal Code Omit "if the offender is released into the community". 81 At the end of section 105A.6 of the Criminal Code Insert: Assessments conducted for certain purposes (9) Without limiting subsection (5A), an assessment of an offender conducted under paragraph (4)(a), and the report of the assessment, may be taken into account in proceedings to make or vary any post‑sentence order or interim post‑sentence order, or to review any post‑sentence order, in relation to the offender. 82 After section 105A.6 of the Criminal Code Insert: 105A.6A Determining an application for a post‑sentence order Determining applications for continuing detention orders (1) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender, the Court may determine the application by: (a) making a continuing detention order under section 105A.7; or (b) making an extended supervision order under section 105A.7A; or (c) dismissing the application. Determining applications for extended supervision orders (2) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for an extended supervision order in relation to a terrorist offender, the Court may determine the application by: (a) making an extended supervision order under section 105A.7A; or (b) dismissing the application. 105A.6B Matters a Court must have regard to in making a post‑sentence order (1) In deciding whether the Court is satisfied as referred to in paragraph 105A.7(1)(b) or 105A.7A(1)(b) in relation to a terrorist offender, a Supreme Court of a State or Territory must have regard to the following matters: (a) the object of this Division; (b) any report of an assessment received from a relevant expert, and the level of the offender's participation in the assessment, under: (i) section 105A.6; or (ii) section 105A.18D; (c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious Part 5.3 offence, and the level of the offender's participation in any such assessment; (d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by: (i) the relevant State or Territory corrective services; or (ii) any other person or body who is competent to assess that extent; (e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender's participation in any such programs; (f) the level of the offender's compliance with any obligations to which the offender is or has been subject while: (i) on release on parole for any offence referred to in paragraph 105A.3(1)(a); or (ii) subject to a post‑sentence order, interim post‑sentence order or control order; (g) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence referred to in paragraph 105A.3(1)(a); (h) the views of the sentencing court at the time any sentence for any offence referred to in paragraph 105A.3(1)(a) was imposed on the offender; (ha) whether the offender is subject to any order under a law of a State or Territory that is equivalent to a post‑sentence order, and if so, the conditions of the order; (i) any other information as to the risk of the offender committing a serious Part 5.3 offence. (2) Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant. (3) To avoid doubt, section 105A.13 (civil evidence and procedure rules in relation to post‑sentence order proceedings) applies to the Court's consideration of the matters referred to in subsections (1) and (2) of this section. 83 Paragraph 105A.7(1)(b) of the Criminal Code Repeal the paragraph, substitute: (b) after having regard to matters in accordance with section 105A.6B, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence; and 83A Paragraph 105A.7(1)(c) of the Criminal Code Repeal the paragraph, substitute: (c) the Court is satisfied that there is no less restrictive measure available under this Part that would be effective in preventing the unacceptable risk. 84 Subsection 105A.7(1) of the Criminal Code (notes 1 and 2) Repeal the notes, substitute: Note 1: The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 105A.6B, as referred to in paragraph (1)(b) of this section (see subsection 105A.6B(3) and section 105A.13). Note 2: For paragraph (1)(c), an example of a less restrictive measure that is available under this Part is an extended supervision order. A court can make an extended supervision order under section 105A.7A even if a continuing detention order was applied for (see subsection 105A.6A(1)). 85 Subsection 105A.7(2) of the Criminal Code Repeal the subsection, substitute: (2) If the Court is not satisfied as mentioned in paragraph (1)(b) or (c) (or both), then the Court must: (a) seek the following material from the AFP Minister: (i) a copy of the proposed conditions that would be sought for an extended supervision order in relation to the offender; (ii) an explanation as to why each of the proposed conditions should be imposed on the offender; (iii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person); and (b) consider whether to make an extended supervision order under section 105A.7A in relation to the offender. Note: A copy of the material must be given to the terrorist offender under section 105A.14A. 86 At the end of subsection 105A.7(4) of the Criminal Code Add: Note: The order may be suspended during the period that it is in force if the offender is detained in custody in a prison other than as a result of the order (see section 105A.18C). 87 Section 105A.8 of the Criminal Code Repeal the section, substitute: 105A.7A Making an extended supervision order (1) A Supreme Court of a State or Territory may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C, if: (a) any of the following applies: (i) an application is made in accordance with section 105A.5 for an extended supervision order in relation to a terrorist offender; (ii) an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender, and the Court is not satisfied as mentioned in paragraph 105A.7(1)(b) or (c) (or both); (iii) the Court has reviewed under section 105A.12 a continuing detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.12(4)(a); and (b) after having regard to matters in accordance with section 105A.6B, the Court is satisfied on the balance of probabilities, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence; and (c) the Court is satisfied on the balance of probabilities that: (i) each of the conditions; and (ii) the combined effect of all of the conditions; to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from that unacceptable risk. Determining whether conditions are reasonably necessary, appropriate and adapted (2) For the purposes of paragraph (1)(c), in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 105A.1). Onus of satisfying Court (3) The AFP Minister bears the onus of satisfying the Court of the matters referred to in paragraphs (1)(b) and (c). Content of order (4) The order must: (a) state that the Court is satisfied of the matters mentioned in paragraphs (1)(b) and (c); and (b) specify the name of the offender to whom the order relates; and (c) specify all of the conditions, and any exemption conditions, that are to be imposed in accordance with section 105A.7B or 105A.7C on the offender by the order; and (d) specify the period during which the order is to be in force, which must be a period of no more than 3 years that the Court is satisfied is reasonably necessary to prevent the unacceptable risk; and (e) state that the offender's lawyer may request a copy of the order. Note: The order may be suspended during the period that it is in force if the offender is detained in custody in a prison (see section 105A.18C). Court may make successive extended supervision orders (5) To avoid doubt, paragraph (4)(d) does not prevent a Supreme Court of a State or Territory making an extended supervision order in relation to a terrorist offender that begins to be in force immediately after a previous extended supervision order, or continuing detention order, in relation to the offender ceases to be in force. Automatic revocation of continuing detention orders etc. (6) A continuing detention order or interim detention order that is in force in relation to a terrorist offender is revoked by force of this subsection if: (a) a Court makes an extended supervision order in relation to the offender; and (b) the continuing detention order or interim detention order is in force immediately before the extended supervision order begins to be in force. 105A.7B Conditions of extended supervision orders and interim supervision orders (1) The conditions that a Court may impose on a terrorist offender by an extended supervision order or interim supervision order are: (a) any conditions that the Court is satisfied; and (b) those conditions whose combined effect the Court is satisfied; on the balance of probabilities, are reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence. Note: The Court may, under section 105A.7C, specify conditions from which exemptions may be granted. (1A) If the terrorist offender is subject to an order under a law of a State or Territory that is equivalent to a post‑sentence order, the Court must consider the conditions under that State or Territory order in imposing conditions in accordance with subsection (1). General rules about conditions (2) To avoid doubt, without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a condition imposed under this section may: (a) prohibit or restrict specified conduct of the offender, or impose obligations on the offender; or (b) impose restrictions and obligations on the offender in relation to classes of conduct, and prohibit other classes of that conduct; or (c) impose different restrictions, obligations and prohibitions in relation to different classes of conduct; or (d) for conduct that is prohibited by a condition described in a paragraph of subsection (3)—impose restrictions and obligations on the offender in relation to that conduct instead of prohibiting that conduct; or (e) for conduct described in a paragraph of subsection (3) or (5)—impose different restrictions, obligations and prohibitions in relation to that conduct. (2A) A condition imposed under this section must not require the offender to remain at specified premises for more than 12 hours within any 24 hours. General conditions (3) Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following: (a) that the offender not be present at one or more of the following: (i) specified areas or places; (ii) specified classes of areas or places; (iii) any area or place determined by a specified authority; (b) that the offender reside at specified premises, and not begin to reside at any other premises without the prior permission of a specified authority; (c) that the offender remain at specified premises between specified times each day, or on specified days, subject to subsection (2A); (d) that the offender not leave Australia, or the State or Territory in which the offender's residence is located; (e) that the offender provide a specified authority with the offender's passport (or passports) while the order is in force; (f) that the offender not change the offender's name, or use any name that is not specified in the order; (g) that the offender not apply for one or more of the following: (i) any Australian travel document; (ii) any travel document of a foreign country; (iii) any licence to operate equipment, machinery, a heavy vehicle or a weapon, or any licence to possess a weapon; (h) that the offender not communicate or associate by any means (including through third parties) with one or more of the following: (i) specified individuals; (ii) specified classes of individuals; (iii) any individuals determined by a specified authority; (i) that the offender not access or use specified forms of telecommunication or other technology (including the internet); (j) that the offender not possess or use specified articles or substances; (k) that the offender not carry out specified activities; (l) that the offender not engage in one or more of the following: (i) specified work; (ii) specified classes of work; (iii) specified activities relating to specified work or classes of work; (m) that the offender not in engage in any training or education without the prior permission of a specified authority; (n) that the offender do any or all of the following: (i) attend and participate in treatment, rehabilitation or intervention programs or activities; (ii) undertake psychological or psychiatric assessment or counselling; as specified in the order or as directed by a specified authority; (o) that the offender attend and participate in interviews and assessments (including for the purposes of paragraph (n)) as specified in the order or as directed by a specified authority; (p) that the offender allow the results of the interviews and assessments referred to in paragraph (o), and any other specified information, to be disclosed to a specified authority; (q) that the offender provide specified information to a specified authority within a specified period or before a specified event; (r) that the offender comply with any reasonable direction given to the offender by a specified authority in relation to any specified condition (whether or not the condition is imposed in accordance with this subsection). Note: See also subsection (8) and sections 100.1 and 105A.2 in relation to references to premises, reside or residence, and work. (4) If a condition of the order authorises a specified authority to give a direction, the specified authority may give a direction only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to: (a) the condition; or (b) the object of this Division (see section 105A.1). Conditions relating to monitoring and enforcement (5) Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following: (a) that the offender submit to testing by a specified authority in relation to the possession or use of specified articles or substances; (b) that the offender allow himself or herself to be photographed by a specified authority; (c) that the offender allow impressions of the offender's fingerprints to be taken by a specified authority; (d) that the offender be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring; (e) a condition that: (i) the person carry at all times a specified mobile phone; and (ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and (iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the condition in subparagraph (i) or (ii); (f) that the offender attend at places, and report to persons, at times, specified: (i) in the order; or (ii) by a specified authority; (g) that the offender allow visits at specified premises from, and entry to specified premises by, a specified authority at any time for the purpose of ensuring the offender's compliance with a condition imposed in accordance with paragraph (3)(c); (h) that the offender provide a specified authority with a schedule setting out the offender's proposed movements for a specified period and comply with that schedule during the period; (i) that the offender allow any police officer to enter specified premises and: (i) search the offender; and (ii) search the offender's residence or any premises which the offender intends to be the offender's residence; and (iii) search any other premises under the offender's control; and (iv) seize any item found during those searches, including to allow the item to be examined forensically; (j) that the offender facilitate access (including by providing passwords or in any other way) to one or more of the following: (i) electronic equipment or technology; (ii) any data held within, or accessible from, any electronic equipment or technology; owned or controlled by the offender, for the purposes of a police officer searching and seizing any such equipment or accessing such data (or both). Note 1: For paragraphs (5)(b) and (c), restrictions apply to the use of photographs or impressions of fingerprints (see section 105A.7D). Note 2: For paragraph (5)(d), see also section 105A.7E (obligations relating to monitoring devices). (6) A power exercised under a condition imposed in accordance with subsection (5) (other than a power to give a direction) may be exercised only if the person exercising the power is satisfied that it is reasonably necessary to do so in order to: (a) give effect to the order; or (b) facilitate or monitor compliance with the order. Access to lawyers (7) This section does not affect the offender's right to contact, communicate or associate with the offender's lawyer unless the offender's lawyer is a specified individual, or an individual in a specified class of individuals, as mentioned in paragraph (3)(h). If the offender's lawyer is so specified, the offender may contact, communicate or associate with any other lawyer who is not so specified. References to work (8) In subsection (3), a reference to work includes a reference to voluntary work. 105A.7C Conditions where exemptions may be granted (1) A Supreme Court of a State or Territory that makes an extended supervision order or interim supervision order in relation to a terrorist offender may specify conditions included in the order that are to be exemption conditions. (2) An exemption condition is a condition specified in the order from which the offender may apply for a temporary exemption. (3) The Court may make provision in relation to applications for temporary exemptions. (4) The offender may apply, in writing, to a specified authority for an exemption from an exemption cond