38—2 page i
Western Australia
Sentencing Legislation Amendment (Persons
Linked to Terrorism) Bill 2021
Contents
Part 1 — Preliminary
1. Short title 2 2. Commencement 2
Part 2 — Sentence Administration
Act 2003 amended
3. Act amended 3 4. Section 4 amended 3 5. Section 6 amended 6 6. Section 12 amended 6 7. Section 12A amended 7 8. Section 12C inserted 7
12C. References to Board 7 9. Section 13 amended 7 10. Section 14 amended 8 11. Section 20 amended 8 12. Section 23 amended 8 13. Section 44 amended 9 14. Section 48 amended 9 15. Section 52 amended 9 16. Part 5 Division 1B inserted 9
Division 1B — Prisoners with links to terrorism or
subject to Commissioner of Police reports Subdivision 1 — Preliminary 66D. Terms used 9 Subdivision 2 — Early release orders in cases of
prisoners with links to terrorism 66E. References to Board 10 66F. Additional release considerations 10
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66G. Making early release orders 11 66H. Commissioner of Police reports 12 66I. Withdrawing Commissioner of Police
reports 13 Subdivision 3 — Early release orders for other
prisoners subject to Commissioner of Police
reports 66J. Term used: prisoner 14 66K. Releasing prisoners subject to
Commissioner of Police report on parole 14 66L. Making parole order in respect of prisoner
subject to Commissioner of Police report 15 66M. Making RRO in respect of prisoners
subject to Commissioner of Police report 15 17. Section 67A inserted 16
67A. Cancellation automatic in case of prisoner with links to terrorism 16
18. Section 71 amended 17 19. Section 72 amended 18 20. Section 73 amended 18 21. Section 108 amended 18 22. Section 112A inserted 19
112A. Information to be excluded from annual reports 19
23. Section 115 amended 21 24. Section 115A amended 21 25. Section 115B inserted 22
115B. Decisions made by Board as constituted by chairperson alone may be reconsidered 22
26. Sections 119A to 119C inserted 23 119A. Protection of Commissioner of Police
reports that may be withdrawn 23 119B. Protection of Commissioner of Police
reports containing terrorist intelligence information 23
119C. Protection of terrorist intelligence information in legal proceedings 24
27. Section 120A inserted 25 120A. Delegation by Commissioner of Police 25
28. Schedule 1 clause 5 amended 26
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Part 3 — Young Offenders Act 1994
amended
29. Act amended 27 30. Section 3 amended 27 31. Sections 16B to 16D inserted 31
16B. Protection of Commissioner of Police reports that may be withdrawn 31
16C. Protection of Commissioner of Police reports containing terrorist intelligence information 31
16D. Protection of terrorist intelligence information in legal proceedings 32
32. Section 132 amended 33 33. Section 142 amended 33 34. Section 142A and 142B inserted 34
142A. Cancellation automatic in case of offender with links to terrorism 34
142B. Supervised release order, when cancellation under s. 142A takes effect 35
35. Section 149 amended 36 36. Part 8 Division 2A inserted 36
Division 2A — Offenders with links to terrorism or
subject to Commissioner of Police reports Subdivision 1 — Preliminary 150A. Release considerations 36 Subdivision 2 — Supervised release orders in cases
of offenders with links to terrorism 150B. References to Board 37 150C. Making supervised release orders 37 150D. Commissioner of Police reports 38 150E. Withdrawing Commissioner of Police
reports 39 Subdivision 3 — Supervised release orders for other
offenders subject to Commissioner of Police reports
150F. Releasing offender subject to Commissioner of Police report under supervised release order 40
Subdivision 4 — Review 150G. Review of Division 40
37. Section 157 amended 41 38. Section 165A inserted 41
165A. Information to be excluded from annual reports 41
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39. Section 197A inserted 43 197A. Delegation by Commissioner of Police 43
40. Various references to “Chairman” amended 44
Part 4 — Criminal Procedure
Act 2004 amended
41. Act amended 45 42. Section 35 amended 45 43. Section 137A amended 45
Part 5 — Freedom of Information
Act 1992 amended
44. Act amended 46 45. Schedule 1 clause 5 amended 46
page 1
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Sentencing Legislation Amendment (Persons
Linked to Terrorism) Bill 2021
A Bill for
An Act to amend —
• the Sentence Administration Act 2003; and
• the Young Offenders Act 1994; and
• the Criminal Procedure Act 2004; and
• the Freedom of Information Act 1992.
The Parliament of Western Australia enacts as follows:
Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary 1
1. Short title 2
This is the Sentencing Legislation Amendment (Persons Linked 3
to Terrorism) Act 2021. 4
2. Commencement 5
This Act comes into operation as follows — 6
(a) Part 1 — on the day on which this Act receives the 7
Royal Assent; 8
(b) the rest of the Act — on a day fixed by proclamation. 9
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Sentence Administration Act 2003 amended Part 2
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Part 2 — Sentence Administration Act 2003 amended 1
3. Act amended 2
This Part amends the Sentence Administration Act 2003. 3
4. Section 4 amended 4
(1) In section 4(2) insert in alphabetical order: 5
6
category 1 prisoner means — 7
(a) a prisoner who — 8
(i) has been charged with, or convicted of, 9
a terrorism offence; or 10
(ii) is subject to an interim control order or 11
a confirmed control order; 12
or 13
(b) a prisoner who has been subject to an interim 14
control order or a confirmed control order at 15
any time during — 16
(i) the period of the prisoner’s sentence 17
(the current sentence); or 18
(ii) the period of 10 years ending on the day 19
on which the prisoner’s current sentence 20
begins or is taken to have begun; 21
or 22
(c) a prisoner for whom an interim control order is 23
being sought under the Commonwealth 24
Criminal Code section 104.3; 25
category 2 prisoner means a prisoner who has been 26
charged with, or convicted of, an offence against the 27
Commonwealth Criminal Code section 80.2C(1); 28
chairperson means the person appointed under 29
section 103(1)(a); 30
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Commissioner of Police report means a written report 1
referred to in section 66H(1) or (4); 2
Commonwealth Criminal Code means the Criminal 3
Code set out in the Schedule to the Criminal Code 4
Act 1995 (Commonwealth); 5
confirmed control order has the meaning given in the 6
Commonwealth Criminal Code section 100.1(1); 7
interim control order has the meaning given in the 8
Commonwealth Criminal Code section 100.1(1); 9
prisoner with links to terrorism means — 10
(a) a category 1 prisoner; or 11
(b) a category 2 prisoner who is subject to a 12
Commissioner of Police report; or 13
(c) a prisoner who — 14
(i) is subject to a Commissioner of Police 15
report; and 16
(ii) the Board as constituted by the 17
chairperson alone is satisfied, having 18
regard to the report, has made 19
statements or carried out activities that 20
support, or advocate support for, 21
terrorist acts; 22
terrorism offence means — 23
(a) an offence against the Commonwealth Criminal 24
Code Division 72 Subdivision A; or 25
(b) an offence against the Commonwealth Criminal 26
Code Division 80 Subdivision B; or 27
(c) an offence against the Commonwealth Criminal 28
Code Part 5.3, other than an offence against 29
section 104.22, 104.27, 104.27A, 105.41 or 30
105.45; or 31
(d) an offence against the Commonwealth Criminal 32
Code Part 5.5; or 33
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(e) an offence against the following provisions of 1
the Charter of the United Nations Act 1945 2
(Commonwealth) — 3
(i) Part 4; 4
(ii) Part 5, to the extent that it relates to the 5
Charter of the United Nations 6
(Sanctions—Al-Qaida) 7
Regulations 2008 (Commonwealth); 8
or 9
(f) an offence against the Crimes (Foreign 10
Incursions and Recruitment) Act 1978 11
(Commonwealth) (repealed); or 12
(g) an offence against the Crimes (Internationally 13
Protected Persons) Act 1976 (Commonwealth) 14
section 8; or 15
(h) an offence under a written law or a law of the 16
Commonwealth, another State, a Territory or 17
another country, that substantially corresponds 18
to an offence referred to in paragraph (a), (b), 19
(c), (d), (e) or (g); or 20
(i) an offence of attempting, inciting or conspiring 21
to commit an offence referred to in 22
paragraph (a), (b), (c), (d), (e), (f), (g) or (h); 23
terrorist act has the meaning given in the Terrorism 24
(Commonwealth Powers) Act 2002 section 3; 25
terrorist intelligence information means information 26
relating to a prohibited act or suspected prohibited act, 27
the disclosure of which could reasonably be expected 28
to — 29
(a) prejudice national security; or 30
(b) endanger a person’s life or physical safety; or 31
(c) threaten significant damage to infrastructure or 32
property; or 33
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(d) prejudice a criminal investigation; or 1
(e) reveal intelligence gathering methodologies, 2
investigative techniques or technologies or 3
covert practices; or 4
(f) enable the discovery of the existence or identity 5
of a confidential source of information relevant 6
to law enforcement; 7
8
(2) After section 4(2B) insert: 9
10
(2C) For the purposes of the definition of terrorist 11
intelligence information, a prohibited act is — 12
(a) a terrorism offence; or 13
(b) an offence against the Commonwealth Criminal 14
Code section 80.2C(1); or 15
(c) a terrorist act (whether in this State or 16
elsewhere). 17
18
5. Section 6 amended 19
In section 6(1) delete “section 87(d)” and insert: 20
21
section 87(1)(d) 22
23
6. Section 12 amended 24
In section 12(4) delete “section 66B(1),” and insert: 25
26
sections 66B(1) and 66G(1), 27
28
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7. Section 12A amended 1
In section 12A(5) delete “section 66B(1),” and insert: 2
3
sections 66B(1) and 66G(1), 4
5
8. Section 12C inserted 6
At the beginning of Part 2 Division 4 insert: 7
8
12C. References to Board 9
In this Division, a reference to the Board, in relation to 10
a prisoner with links to terrorism who is being assessed 11
for inclusion in a re-socialisation programme under 12
section 13 or 14, is a reference to the Board as 13
constituted by the chairperson alone. 14
15
9. Section 13 amended 16
(1) In section 13(5) delete “subsection (5A)” and insert: 17
18
subsections (5A) and (5B) 19
20
(2) After section 13(5A) insert: 21
22
(5B) The Board must not endorse a re-socialisation 23
programme or make a recommendation for the 24
purposes of subsection (5) in relation to a prisoner with 25
links to terrorism who is subject to a Commissioner of 26
Police report unless the Board, having regard to the 27
report, is satisfied that the prisoner is suitable for 28
inclusion in the programme. 29
30
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10. Section 14 amended 1
(1) In section 14(5) after “in it,” insert: 2
3
except as provided in subsection (5A), 4
5
(2) After section 14(5) insert: 6
7
(5A) The Board must not approve a programme for the 8
purposes of subsection (5) in relation to a prisoner with 9
links to terrorism who is subject to a Commissioner of 10
Police report unless the Board, having regard to the 11
report, is satisfied that the prisoner is suitable for 12
inclusion in the programme. 13
14
11. Section 20 amended 15
In section 20(2)(aa) delete “section 66B(1); and” and insert: 16
17
sections 66B(1) and 66G(1); and 18
19
12. Section 23 amended 20
(1) In section 23(2a)(aa) delete “section 66B(1); and” and insert: 21
22
sections 66B(1) and 66G(1); and 23
24
(2) In section 23(3) delete “10 and 66B(1),” and insert: 25
26
10, 66B(1) and 66G(1), 27
28
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13. Section 44 amended 1
In section 44(4) delete “If ” and insert: 2
3
Except as provided in section 67A, if 4
5
14. Section 48 amended 6
In section 48(1)(d) delete “Division 10,” and insert: 7
8
Division 10 or section 67A, 9
10
15. Section 52 amended 11
In section 52(2) delete “section 66B(1)” and insert: 12
13
sections 66B(1) and 66G(1) 14
15
16. Part 5 Division 1B inserted 16
After Part 5 Division 1A insert: 17
18
Division 1B — Prisoners with links to terrorism or 19
subject to Commissioner of Police reports 20
Subdivision 1 — Preliminary 21
66D. Terms used 22
In this Division — 23
release action means making a parole order under 24
section 23(3)(b) in respect of a prisoner; 25
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release decision means — 1
(a) a decision under section 20(2) that it is 2
appropriate to release a prisoner on parole; or 3
(b) a decision under section 23(3)(a) to make a 4
parole order in respect of a prisoner; or 5
(c) a decision under section 52(1)(a) to make an 6
RRO in respect of a prisoner. 7
Subdivision 2 — Early release orders in cases of prisoners 8
with links to terrorism 9
66E. References to Board 10
In this Subdivision, a reference to the Board is a 11
reference to the Board as constituted by the chairperson 12
alone. 13
66F. Additional release considerations 14
In this Subdivision, a reference to the additional 15
release considerations relating to a prisoner is a 16
reference to the following considerations — 17
(a) the degree of risk (having regard to any 18
likelihood of the prisoner committing a 19
terrorism offence if subject to an early release 20
order and the likely nature and seriousness of 21
any such offence) that the release of the 22
prisoner would appear to present to the personal 23
safety of people in the community or of any 24
individual in the community; 25
(b) if the prisoner has made statements or carried 26
out activities that support, or advocate support 27
for, terrorist acts — the nature and seriousness 28
of the statements made or activities carried out; 29
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(c) if the prisoner is sentenced for a terrorism 1
offence — any remarks made by the court that 2
sentenced the prisoner that are relevant to the 3
matters referred to in paragraphs (a) and (b); 4
(d) if the prisoner is, or was, subject to an interim 5
control order or confirmed control order 6
relating to a terrorism offence — 7
(i) any remarks made by the court that 8
made the order that are relevant to the 9
matters referred to in paragraphs (a) and 10
(b); and 11
(ii) the behaviour of the prisoner while 12
subject to the order; 13
(e) the behaviour of the prisoner when in custody 14
to the extent that it may be relevant to the 15
matters referred to in paragraphs (a) and (b); 16
(f) whether the prisoner has participated in any 17
programme or activity that addresses the 18
prisoner’s risk of committing a terrorism 19
offence and the prisoner’s performance in the 20
programme or activity; 21
(g) whether the prisoner is, or was, associated with 22
1 or more persons who have made statements 23
or carried out activities that support, or 24
advocate support for, terrorist acts, and the 25
nature of the association. 26
66G. Making early release orders 27
(1) The Board must not make a release decision, or take 28
release action, in respect of a prisoner with links to 29
terrorism unless the Board is satisfied that there are 30
exceptional reasons why the prisoner should be 31
released. 32
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(2) The Board must, in making any decision or taking any 1
action for the purposes of subsection (1), have regard 2
to all of the following — 3
(a) the requirements of section 66B(1); 4
(b) the release considerations relating to the 5
prisoner; 6
(c) the additional release considerations relating to 7
the prisoner; 8
(d) any report about the prisoner made by the CEO 9
under section 17; 10
(e) the Commissioner of Police report about the 11
prisoner; 12
(f) any other information about the prisoner 13
brought to the attention of the Board. 14
(3) Subsection (2) does not limit the matters that the Board 15
may have regard to in making a decision or taking 16
action for the purposes of subsection (1), including, for 17
example, a report, advice or professional services 18
provided by a person appointed under section 107A. 19
(4) Despite subsections (2) and (3), the Board must not 20
have regard to a Commissioner of Police report about 21
the prisoner if the report has been withdrawn under 22
section 66I(2). 23
66H. Commissioner of Police reports 24
(1) If the Board is required to consider whether to make a 25
release decision, or take release action, in respect of a 26
category 1 prisoner, the Board must make a written 27
request to the Commissioner of Police for a written 28
report about the prisoner. 29
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(2) The report must deal with the additional release 1
considerations relating to the prisoner to the extent that 2
the information is within the knowledge of the 3
Commissioner of Police and may — 4
(a) include any other information that the 5
Commissioner of Police considers is, or may 6
be, relevant to whether the prisoner should be 7
released; and 8
(b) declare that some or all of the information in 9
the report is, in the opinion of the 10
Commissioner of Police, terrorist intelligence 11
information. 12
(3) The Commissioner of Police must give to the Board the 13
report within a reasonable period after receiving the 14
request. 15
(4) The Commissioner of Police may give to the Board a 16
written report dealing with the matters referred to in 17
subsection (2) in relation to any other prisoner. 18
66I. Withdrawing Commissioner of Police reports 19
(1) This section applies if the Board, as constituted by the 20
chairperson alone — 21
(a) is satisfied that a prisoner subject to a 22
Commissioner of Police report is not a prisoner 23
with links to terrorism; or 24
(b) after consulting with the Commissioner of 25
Police, is satisfied that a Commissioner of 26
Police report about a prisoner does not include 27
terrorist intelligence information. 28
(2) Before the Board makes a release decision or takes 29
release action in respect of the prisoner, the Board, as 30
constituted by the chairperson alone, must give the 31
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Commissioner of Police an opportunity to withdraw the 1
report. 2
(3) If the report is withdrawn under subsection (2), the 3
Board — 4
(a) must not have regard to the report for the 5
purposes of making the release decision or 6
taking the release action in respect of the 7
prisoner; and 8
(b) must prohibit the publication of, or a reference 9
to, the report. 10
Subdivision 3 — Early release orders for other prisoners 11
subject to Commissioner of Police reports 12
66J. Term used: prisoner 13
In this Subdivision — 14
prisoner does not include a prisoner with links to 15
terrorism. 16
66K. Releasing prisoners subject to Commissioner of 17
Police report on parole 18
(1) This section applies if — 19
(a) the Board is required to consider whether to 20
release a prisoner on parole under 21
section 20(1); and 22
(b) the prisoner is subject to a Commissioner of 23
Police report that the Board, as constituted by 24
the chairperson alone, is satisfied includes 25
terrorist intelligence information. 26
(2) The Board, as constituted by the chairperson alone, 27
must decide whether to release the prisoner in 28
accordance with section 20. 29
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66L. Making parole order in respect of prisoner subject 1
to Commissioner of Police report 2
(1) This section applies if — 3
(a) the Board is required to decide whether to make 4
a parole order in respect of a prisoner under 5
section 23(3)(a); and 6
(b) the prisoner is subject to a Commissioner of 7
Police report that the Board, as constituted by 8
the chairperson alone, is satisfied includes 9
terrorist intelligence information. 10
(2) The Board, as constituted by the chairperson alone, 11
must decide whether to make the order in accordance 12
with section 23. 13
66M. Making RRO in respect of prisoners subject to 14
Commissioner of Police report 15
(1) This section applies if — 16
(a) the Board is required to consider whether to 17
make, or defer the making of, an RRO in 18
respect of a prisoner under section 52(1); and 19
(b) the prisoner is subject to a Commissioner of 20
Police report that the Board, as constituted by 21
the chairperson alone, is satisfied includes 22
terrorist intelligence information. 23
(2) The Board, as constituted by the chairperson alone, 24
must decide whether to make, or defer the making of, 25
the RRO in accordance with section 52. 26
27
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17. Section 67A inserted 1
At the beginning of Part 5 Division 2 insert: 2
3
67A. Cancellation automatic in case of prisoner with 4
links to terrorism 5
(1) In this section, a reference to the Board is a reference 6
to the Board as constituted by the chairperson alone. 7
(2) The Board must cancel an early release order in respect 8
of any of the following prisoners — 9
(a) a prisoner who, during the period the prisoner is 10
subject to the early release order — 11
(i) is charged with, or convicted of, a 12
terrorism offence; or 13
(ii) is charged with, or convicted of, an 14
offence against the Commonwealth 15
Criminal Code section 80.2C(1); or 16
(iii) becomes subject to an interim control 17
order or confirmed control order; or 18
(iv) becomes subject to a Commissioner of 19
Police report and who the Board is 20
satisfied has made statements or carried 21
out activities that support, or advocate 22
support for, terrorist acts; 23
(b) a prisoner for whom, during the period the 24
prisoner is subject to the early release order, an 25
interim control order is being sought under the 26
Commonwealth Criminal Code 27
section 104.3(1); 28
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(c) a prisoner who the Board is satisfied — 1
(i) at the time that the early release order in 2
respect of the prisoner was made, was a 3
category 1 prisoner or a category 2 4
prisoner; and 5
(ii) in respect of whom, this fact was not 6
known by the person who made the 7
order at the time that the order was 8
made. 9
10
18. Section 71 amended 11
(1) Delete section 71(3)(b) and insert: 12
13
(b) if it is cancelled by virtue of section 67 or 14
67A — 15
(i) the day when the offence that resulted in 16
the charge or conviction was 17
committed; or 18
(ii) the day when the prisoner became 19
subject to the interim control order or 20
confirmed control order; or 21
(iii) the day when the interim control order 22
or confirmed control order was sought 23
in respect of the prisoner; or 24
(iv) the day when the Board’s decision that 25
resulted in the cancellation was made. 26
27
(2) After section 71(3) insert: 28
29
(3A) If the day when an offence was committed cannot be 30
ascertained — the day is taken, for the purposes of 31
subsection (3)(b)(i), to be the latest day on which that 32
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offence could have been committed, as determined by 1
the CEO. 2
3
19. Section 72 amended 4
In section 72(1)(b) delete “section 67,” and insert: 5
6
section 67 or under section 67A(2), 7
8
20. Section 73 amended 9
In section 73(1) delete “section 67,” and insert: 10
11
section 67 or under section 67A(2), 12
13
21. Section 108 amended 14
(1) In section 108(2) delete “An” and insert: 15
16
Except as provided in subsection (2A), an 17
18
(2) After section 108(2) insert: 19
20
(2A) An order giving effect to a decision made, or an action 21
taken, by the Board under Part 5 Division 1B or 22
section 67A must be signed by the chairperson alone. 23
24
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22. Section 112A inserted 1
After section 112 insert: 2
3
112A. Information to be excluded from annual reports 4
(1) In this section — 5
protected information means information the 6
disclosure of which would contravene a written law or 7
an order of a court; 8
release action has the meaning given in section 66D; 9
release decision has the meaning given in section 66D; 10
sensitive information means information the disclosure 11
of which could reasonably be expected to — 12
(a) prejudice national security; or 13
(b) endanger a person’s life or physical safety; or 14
(c) threaten significant damage to infrastructure or 15
property; or 16
(d) prejudice a criminal investigation; or 17
(e) reveal intelligence gathering methodologies, 18
investigative techniques or technologies or 19
covert practices; or 20
(f) enable the discovery of the existence or identity 21
of a confidential source of information relevant 22
to law enforcement. 23
(2) This section applies if, during a financial year, the 24
chairperson decides — 25
(a) to make a release decision, or take release 26
action, under Part 5 Division 1B; or 27
(b) to refuse to make a release decision, or take 28
release action, under Part 5 Division 1B; or 29
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(c) to cancel an early release order under 1
section 67A(2). 2
(3) Before giving an annual report for the financial year, 3
the chairperson must notify the Commissioner of 4
Police and the Attorney General of the number of 5
decisions referred to in subsection (2) that are made in 6
the financial year (notifiable information). 7
(4) The Commissioner of Police must advise the Attorney 8
General whether, in the Commissioner’s opinion, some 9
or all of the notifiable information is, or is likely to be, 10
sensitive information. 11
(5) If the Attorney General is satisfied that some or all of 12
the notifiable information is protected information or, 13
on advice given under subsection (4), is satisfied that 14
some or all of the notifiable information is sensitive 15
information, the Attorney General must direct the 16
chairperson to — 17
(a) exclude the information from the annual report; 18
and 19
(b) insert a statement in the annual report to the 20
effect that the information is excluded from the 21
annual report under this section. 22
(6) The chairperson must comply with a direction given 23
under subsection (5). 24
(7) The Attorney General may obtain legal advice as to the 25
matters in subsection (5). 26
(8) If the Attorney General does not give a direction under 27
subsection (5), the Board must include the notifiable 28
information in the annual report. 29
30
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23. Section 115 amended 1
In section 115 delete “Parts 2” and insert: 2
3
Parts 1 4
5
24. Section 115A amended 6
Delete section 115A(4) and insert: 7
8
(4) For the purposes of this section, the following 9
decisions are not reviewable decisions — 10
(a) a decision made by the Board under Part 5 11
Division 1B or section 67A(2) in relation to an 12
early release order; 13
(b) a decision made by the Board in relation to a 14
prisoner with links to terrorism — 15
(i) not to make a request under 16
section 13(4) after receiving a report 17
about the prisoner under section 13(3); 18
or 19
(ii) not to endorse, with or without 20
variations, the prisoner’s participation in 21
a re-socialisation programme received 22
under section 13(4); 23
(c) a decision made by the Board as to the nature 24
or content of a re-socialisation programme 25
endorsed under section 13(5) or approved under 26
section 14(5) in relation to a prisoner with links 27
to terrorism; 28
(d) a decision made by the Board under 29
subsection (8), or by the Board on further 30
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consideration of a matter pursuant to a decision 1
under subsection (8). 2
3
25. Section 115B inserted 4
After section 115A insert: 5
6
115B. Decisions made by Board as constituted by 7
chairperson alone may be reconsidered 8
(1) This section applies to decisions referred to in 9
section 115A(4)(a), (b) and (c). 10
(2) A prisoner about whom the decision is made may 11
request that the Board, as constituted by the 12
chairperson alone, reconsider the decision. 13
(3) A request must — 14
(a) be in writing; and 15
(b) state the grounds for it; and 16
(c) include any submissions that the applicant 17
wants to make to the Board about the decision 18
concerned and the reasons for it. 19
(4) A request may be made only on the grounds that the 20
Board in making the decision — 21
(a) did not comply with this Act or the regulations; 22
or 23
(b) made an error of law; or 24
(c) used incorrect or irrelevant information or was 25
not provided with relevant information. 26
(5) When a request is made, the Board, as constituted by 27
the chairperson alone, must consider any submissions 28
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included in it and reconsider the decision concerned 1
and may — 2
(a) confirm, amend or cancel the decision; or 3
(b) make another decision. 4
(6) The Board, as constituted by the chairperson alone, 5
must give the applicant written notice of any decision 6
made under subsection (5). 7
(7) A decision made under subsection (5) is not subject to 8
reconsideration under this section. 9
10
26. Sections 119A to 119C inserted 11
After section 119 insert: 12
13
119A. Protection of Commissioner of Police reports that 14
may be withdrawn 15
(1) In this section, a reference to the Board is a reference 16
to the Board as constituted by the chairperson alone. 17
(2) This section applies if the Board must, under 18
section 66I(2), give the Commissioner of Police an 19
opportunity to withdraw a Commissioner of Police 20
report. 21
(3) Until the Commissioner of Police is given a reasonable 22
opportunity to withdraw the report, the Board must 23
take all reasonable steps to prohibit the publication of, 24
or a reference to, the report. 25
119B. Protection of Commissioner of Police reports 26
containing terrorist intelligence information 27
(1) In this section, a reference to the Board is a reference 28
to the Board as constituted by the chairperson alone. 29
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(2) The Board must take all reasonable steps to maintain 1
the confidentiality of a Commissioner of Police report 2
that the Board is satisfied contains terrorist intelligence 3
information, including — 4
(a) receiving the report or hearing argument, or 5
opinion, about the report in private and in the 6
absence of any person other than a person to 7
whose presence the Board consents; and 8
(b) except as provided in paragraph (a), prohibiting 9
the publication of, or a reference to, the report; 10
and 11
(c) withholding any or all of the reasons for a 12
decision under section 114. 13
(3) Despite subsection (2), the Board may give the report 14
to — 15
(a) the Attorney General; or 16
(b) a court; or 17
(c) a person to whom the Board authorises 18
disclosure. 19
(4) Before giving a report under subsection (3)(b) or (c), 20
the Board must, in writing, notify the Commissioner of 21
Police of the Board’s intention to give the report. 22
119C. Protection of terrorist intelligence information in 23
legal proceedings 24
(1) In this section — 25
court includes any tribunal, authority or person having 26
the power to require the production of documents or 27
the answering of questions; 28
disclosure requirement means a requirement under the 29
Criminal Procedure Act 2004 section 35, 42, 61 or 95 30
to disclose any information. 31
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(2) In any legal proceeding relating to, or requiring the 1
disclosure of, information included in a Commissioner 2
of Police report that the court is satisfied is terrorist 3
intelligence information, the court must — 4
(a) dispense with the disclosure requirements in 5
relation to the information if the court is 6
satisfied that no miscarriage of justice will 7
result; and 8
(b) ensure that such parts of the proceeding relating 9
to the disclosure of the information are held in 10
private; and 11
(c) make such orders as to the suppression of 12
evidence given before the court that, in the 13
court’s opinion, will ensure that the information 14
is not disclosed; and 15
(d) make orders prohibiting the publication of the 16
information. 17
(3) Without limiting the matters that the court may 18
consider for the purpose of determining if the 19
information is terrorist intelligence information, the 20
court must, before it makes the determination, give the 21
Commissioner of Police an opportunity to be heard by, 22
or to make written submissions to, the court. 23
24
27. Section 120A inserted 25
After section 120 insert: 26
27
120A. Delegation by Commissioner of Police 28
(1) The Commissioner of Police may, in writing signed by 29
the Commissioner, delegate any of the Commissioner’s 30
powers or duties under this Act to a police officer of or 31
above the rank of Commander. 32
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(2) For the purposes of this Act, the exercise of a power or 1
duty by a delegate under this section is taken to be the 2
exercise of the power or duty by the Commissioner of 3
Police. 4
(3) A police officer to whom a power or duty is delegated 5
under this section cannot delegate that power or duty to 6
any other person. 7
8
28. Schedule 1 clause 5 amended 9
Before Schedule 1 clause 5(1) insert: 10
11
(1A) This clause does not apply in relation to a meeting of the 12
Board held for the purposes of Part 5 Division 1B or 13
section 67A. 14
15
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Part 3 — Young Offenders Act 1994 amended 1
29. Act amended 2
This Part amends the Young Offenders Act 1994. 3
30. Section 3 amended 4
(1) In section 3 delete “In this Act,” and insert: 5
6
(1) In this Act, 7
8
(2) In section 3(1) insert in alphabetical order: 9
10
category 1 offender means — 11
(a) an offender who — 12
(i) has been charged with, or convicted of, 13
a terrorism offence; or 14
(ii) is subject to an interim control order or 15
a confirmed control order; 16
or 17
(b) an offender who has been subject to an interim 18
control order or a confirmed control order at 19
any time during — 20
(i) the period of the offender’s sentence 21
(the current sentence); or 22
(ii) the period of 4 years ending on the day 23
on which the offender’s current 24
sentence begins or is taken to have 25
begun; 26
or 27
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(c) an offender for whom an interim control order 1
in respect of the offender is being sought under 2
the Commonwealth Criminal Code 3
section 104.3; 4
category 2 offender means an offender who has been 5
charged with, or convicted of, an offence against the 6
Commonwealth Criminal Code section 80.2C(1); 7
chairperson means the person appointed under 8
section 152(1)(a); 9
Commissioner of Police report means a written report 10
referred to in section 150D(1) or (4); 11
Commonwealth Criminal Code means the Criminal 12
Code set out in the Schedule to the Criminal Code 13
Act 1995 (Commonwealth); 14
confirmed control order has the meaning given in the 15
Commonwealth Criminal Code section 100.1(1); 16
interim control order has the meaning given in the 17
Commonwealth Criminal Code section 100.1(1); 18
offender with links to terrorism means — 19
(a) a category 1 offender; or 20
(b) a category 2 offender who is subject to a 21
Commissioner of Police report; or 22
(c) an offender who — 23
(i) is subject to a Commissioner of Police 24
report; and 25
(ii) the Supervised Release Review Board 26
as constituted by the chairperson alone 27
is satisfied, having regard to the report, 28
has made statements or carried out 29
activities that support, or advocate 30
support for, terrorist acts; 31
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terrorism offence means — 1
(a) an offence against the Commonwealth Criminal 2
Code Division 72 Subdivision A; or 3
(b) an offence against the Commonwealth Criminal 4
Code Division 80 Subdivision B; or 5
(c) an offence against the Commonwealth Criminal 6
Code Part 5.3, other than an offence against 7
section 104.22, 104.27, 104.27A, 105.41 or 8
105.45; or 9
(d) an offence against the Commonwealth Criminal 10
Code Part 5.5; or 11
(e) an offence against the following provisions of 12
the Charter of the United Nations Act 1945 13
(Commonwealth) — 14
(i) Part 4; 15
(ii) Part 5, to the extent that it relates to the 16
Charter of the United Nations 17
(Sanctions—Al-Qaida) 18
Regulations 2008 (Commonwealth); 19
or 20
(f) an offence against the Crimes (Foreign 21
Incursions and Recruitment) Act 1978 22
(Commonwealth) (repealed); or 23
(g) an offence against the Crimes (Internationally 24
Protected Persons) Act 1976 (Commonwealth) 25
section 8; or 26
(h) an offence under a written law or a law of the 27
Commonwealth, another State, a Territory or 28
another country, that substantially corresponds 29
to an offence referred to in paragraph (a), (b), 30
(c), (d), (e) or (g); or 31
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(i) an offence of attempting, inciting or conspiring 1
to commit an offence referred to in 2
paragraph (a), (b), (c), (d), (e), (f), (g) or (h); 3
terrorist act has the meaning given in the Terrorism 4
(Commonwealth Powers) Act 2002 section 3; 5
terrorist intelligence information means information 6
relating to a prohibited act or suspected prohibited act, 7
the disclosure of which could reasonably be expected 8
to — 9
(a) prejudice national security; or 10
(b) endanger a person’s life or physical safety; or 11
(c) threaten significant damage to infrastructure or 12
property; or 13
(d) prejudice a criminal investigation; or 14
(e) reveal intelligence gathering methodologies, 15
investigative techniques or technologies or 16
covert practices; or 17
(f) enable the discovery of the existence or identity 18
of a confidential source of information relevant 19
to law enforcement; 20
21
(3) At the end of section 3(1) insert: 22
23
(2) For the purposes of the definition of terrorist 24
intelligence information, a prohibited act is — 25
(a) a terrorism offence; or 26
(b) an offence against the Commonwealth Criminal 27
Code section 80.2C(1); or 28
(c) a terrorist act (whether in this State or 29
elsewhere). 30
31
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31. Sections 16B to 16D inserted 1
After section 16A insert: 2
3
16B. Protection of Commissioner of Police reports that 4
may be withdrawn 5
(1) In this section — 6
Board means the Supervised Release Review Board, 7
established under s 151, as constituted by the 8
chairperson alone. 9
(2) This section applies if the Board must, under 10
section 150E(2), give the Commissioner of Police an 11
opportunity to withdraw a Commissioner of Police 12
report. 13
(3) Until the Commissioner of Police is given a reasonable 14
opportunity to withdraw the report, the Board must 15
take all reasonable steps to prohibit the publication of, 16
or a reference to, the report. 17
16C. Protection of Commissioner of Police reports 18
containing terrorist intelligence information 19
(1) In this section — 20
Board means the Supervised Release Review Board, 21
established under s 151, as constituted by the 22
chairperson alone. 23
(2) The Board must take all reasonable steps to maintain 24
the confidentiality of a Commissioner of Police report 25
that the Board is satisfied contains terrorist intelligence 26
information, including — 27
(a) receiving the report or hearing argument, or 28
opinion, about the report in private and in the 29
absence of any person other than a person to 30
whose presence the Board consents; and 31
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(b) except as provided in paragraph (a), prohibiting 1
the publication of, or a reference to, the report; 2
and 3
(c) withholding any or all of the reasons for a 4
decision. 5
(3) Despite subsection (2), the Board may give the report 6
to — 7
(a) the Attorney General; or 8
(b) a court; or 9
(c) a person to whom the Board authorises 10
disclosure. 11
(4) Before giving a report under subsection (3)(b) or (c), 12
the Board must, in writing, notify the Commissioner of 13
Police of the Board’s intention to give the report. 14
16D. Protection of terrorist intelligence information in 15
legal proceedings 16
(1) In this section — 17
court includes any tribunal, authority or person having 18
power to require the production of documents or the 19
answering of questions; 20
disclosure requirement means a requirement under the 21
Criminal Procedure Act 2004 section 35, 42, 61 or 95 22
to disclose any information. 23
(2) In any legal proceedings relating to, or requiring the 24
disclosure of, information included in a Commissioner 25
of Police report that the court is satisfied is terrorist 26
intelligence information, the court must — 27
(a) dispense with the disclosure requirements in 28
relation to the information if the court is 29
satisfied that no miscarriage of justice will 30
result; and 31
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(b) ensure that such parts of the proceeding relating 1
to the disclosure of the information are held in 2
private; and 3
(c) make such orders as to the suppression of 4
evidence given before the court that, in the 5
court’s opinion, will ensure that the information 6
is not disclosed; and 7
(d) make orders prohibiting the publication of the 8
information. 9
(3) Without limiting the matters that the court may 10
consider for the purpose of determining if the 11
information is terrorist intelligence information, the 12
court must, before it makes the determination, give the 13
Commissioner of Police an opportunity to be heard by, 14
or to make written submissions to, the court. 15
16
32. Section 132 amended 17
In section 132(1) delete “If” and insert: 18
19
Except as provided in Division 2A, if 20
21
33. Section 142 amended 22
In section 142(1) delete “subsection (2),” and insert: 23
24
subsection (2) and section 142A, 25
26
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34. Section 142A and 142B inserted 1
After section 142 insert: 2
3
142A. Cancellation automatic in case of offender with 4
links to terrorism 5
(1) In this section, a reference to the Board is a reference 6
to the Board as constituted by the chairperson alone. 7
(2) The Board must cancel a supervised release order in 8
respect of any of the following offenders — 9
(a) an offender who, during the period the offender 10
is subject to the supervised release order — 11
(i) is charged with, or convicted of, a 12
terrorism offence; or 13
(ii) is charged with, or convicted of, an 14
offence against the Commonwealth 15
Criminal Code section 80.2C(1); or 16
(iii) becomes subject to an interim control 17
order or confirmed control order; or 18
(iv) becomes subject to a Commissioner of 19
Police report and who the Board is 20
satisfied has made statements or carried 21
out activities that support, or advocate 22
support for, terrorist acts; 23
(b) an offender for whom, during the period the 24
offender is subject to the supervised release 25
order, an interim control order is being sought 26
under the Commonwealth Criminal Code 27
section 104.3(1); 28
(c) an offender who the Board is satisfied — 29
(i) at the time that the supervised release 30
order in respect of the offender was 31
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made, was a category 1 offender or a 1
category 2 offender; and 2
(ii) in respect of whom, this fact was not 3
known by the person who made the 4
order at the time that the order was 5
made. 6
142B. Supervised release order, when cancellation under 7
s. 142A takes effect 8
(1) If a supervised release order in respect of an offender is 9
cancelled under section 142A, the supervised release 10
order is taken to be cancelled — 11
(a) if the cancellation results from a charge or 12
conviction — on the day when the offence that 13
resulted in the charge or conviction was 14
committed; or 15
(b) if the cancellation results from an offender 16
becoming subject to an interim control order or 17
confirmed control order — on the day when the 18
offender became subject to the order; or 19
(c) if the cancellation results from an interim 20
control order or confirmed control order being 21
sought in respect of an offender— on the day 22
when the order was sought; or 23
(d) if the cancellation results from a decision by the 24
Board — the day when the decision was made. 25
(2) If the day when an offence was committed cannot be 26
ascertained — the day is taken, for the purposes of 27
subsection (1)(a), to be the latest day on which that 28
offence could have been committed, as determined by 29
the CEO. 30
31
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35. Section 149 amended 1
In section 149(1) delete “section 147A(1),” and insert: 2
3
section 142A(2) or 147A, 4
5
36. Part 8 Division 2A inserted 6
After Part 8 Division 2 insert: 7
8
Division 2A — Offenders with links to terrorism or 9
subject to Commissioner of Police reports 10
Subdivision 1 — Preliminary 11
150A. Release considerations 12
In this Division, a reference to the release 13
considerations relating to an offender is a reference to 14
the following considerations — 15
(a) if the offender has made statements or carried 16
out activities that support, or advocate support 17
for, terrorist acts — the nature and seriousness 18
of the statements made or activities carried out; 19
(b) if the offender is sentenced for a terrorism 20
offence — any remarks made by the court that 21
sentenced the offender that are relevant to 22
paragraph (a); 23
(c) if the offender is, or was, subject to an interim 24
control order or confirmed control order 25
relating to a terrorism offence — 26
(i) any remarks made by the court that 27
made the order that are relevant to 28
paragraph (a); and 29
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(ii) the behaviour of the offender while 1
subject to the order; 2
(d) the behaviour of the offender when in custody 3
to the extent that it may be relevant to 4
paragraph (a); 5
(e) whether the offender has participated in any 6
programme or activity that addresses the 7
offender’s risk of committing a terrorism 8
offence and the offender’s performance in the 9
programme or activity; 10
(f) whether the offender is, or was, associated with 11
1 or more persons who have made statements 12
or carried out activities that support, or 13
advocate support for, terrorist acts, and the 14
nature of the association. 15
Subdivision 2 — Supervised release orders in cases of 16
offenders with links to terrorism 17
150B. References to Board 18
In this Subdivision, a reference to the Board is a 19
reference to the Board as constituted by the chairperson 20
alone. 21
150C. Making supervised release orders 22
(1) The Board must not order the release of an offender 23
with links to terrorism unless the Board is satisfied that 24
there are exceptional reasons why the offender should 25
be released. 26
(2) The Board must, in making any decision for the 27
purposes of subsection (1) — 28
(a) regard the personal safety of people in the 29
community or of any individual in the 30
community as the paramount consideration; and 31
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(b) apply the general principles of juvenile justice 1
in section 7, other than the principles referred to 2
in paragraphs (h) and (k); and 3
(c) have regard to all of the following — 4
(i) the release considerations relating to the 5
offender; 6
(ii) the Commissioner of Police report about 7
the offender; 8
(iii) any other information about the 9
offender brought to the attention of the 10
Board. 11
(3) Subsection (2) does not limit the matters that the Board 12
may have regard to in making a decision for the 13
purposes of subsection (1). 14
(4) Despite subsections (2) and (3), the Board must not 15
have regard to a Commissioner of Police report about 16
the offender if the report has been withdrawn under 17
section 150E(2). 18
150D. Commissioner of Police reports 19
(1) If the Board is required to consider whether to order 20
the release of a category 1 offender from custody, the 21
Board must make a written request to the 22
Commissioner of Police for a written report about the 23
offender. 24
(2) The report must deal with the release considerations 25
relating to the offender to the extent that the 26
information is within the knowledge of the 27
Commissioner of Police and may — 28
(a) include any other information that the 29
Commissioner of Police considers is, or may 30
be, relevant to whether the offender should be 31
released; and 32
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(b) declare that some or all of the information in 1
the report is, in the opinion of the 2
Commissioner of Police, terrorist intelligence 3
information. 4
(3) The Commissioner of Police must give to the Board the 5
report within a reasonable period after receiving the 6
request. 7
(4) The Commissioner of Police may give to the Board a 8
written report dealing with the matters referred to in 9
subsection (2) in relation to any other offender. 10
150E. Withdrawing Commissioner of Police reports 11
(1) This section applies if the Board, as constituted by the 12
chairperson alone — 13
(a) is satisfied that an offender subject to a 14
Commissioner of Police report is not an 15
offender with links to terrorism; or 16
(b) after consulting with the Commissioner of 17
Police, is satisfied that a Commissioner of 18
Police report about an offender does not include 19
terrorist intelligence information. 20
(2) Before the Board decides whether to order the release 21
of the offender, the Board, as constituted by the 22
chairperson alone, must give the Commissioner of 23
Police an opportunity to withdraw the report. 24
(3) If the report is withdrawn under subsection (2), the 25
Board — 26
(a) must not have regard to the report for the 27
purposes of deciding whether to order the 28
release of the offender; and 29
(b) must prohibit the publication of, or a reference 30
to, the report. 31
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Subdivision 3 — Supervised release orders for other 1
offenders subject to Commissioner of Police reports 2
150F. Releasing offender subject to Commissioner of 3
Police report under supervised release order 4
(1) In this section — 5
offender does not include an offender with links to 6
terrorism. 7
(2) This section applies if — 8
(a) the Board is deciding whether to order the 9
release of an offender under section 132(1); and 10
(b) the offender is subject to a Commissioner of 11
Police report that the Board, as constituted by 12
the chairperson alone, is satisfied includes 13
terrorist intelligence information. 14
(3) The Board, as constituted by the chairperson alone, 15
must decide whether to order the release of the 16
offender in accordance with Division 2. 17
Subdivision 4 — Review 18
150G. Review of Division 19
(1) The Minister must review the operation and 20
effectiveness of this Division, and prepare a report 21
based on the review — 22
(a) as soon as practicable after the 5th anniversary 23
of the day on which the Sentencing Legislation 24
Amendment (Persons Linked to Terrorism) 25
Act 2021 section 36 comes into operation; and 26
(b) after that, at intervals of not more than 5 years. 27
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Young Offenders Act 1994 amended Part 3
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(2) The Minister must cause the report to be laid before 1
each House of Parliament as soon as practicable after it 2
is prepared, but not later than 12 months after the 5th 3
anniversary or the expiry of the period of 5 years, as 4
the case may be. 5
6
37. Section 157 amended 7
After section 157(1) insert: 8
9
(2) This section does not apply in relation to a meeting of 10
the Board held for the purposes of section 16B, 16C or 11
142A or Part 8 Division 2A. 12
13
38. Section 165A inserted 14
At the end of Part 8 Division 3 insert: 15
16
165A. Information to be excluded from annual reports 17
(1) In this section — 18
protected information means information the 19
disclosure of which would contravene a written law or 20
an order of a court; 21
sensitive information means information the disclosure 22
of which could reasonably be expected to — 23
(a) prejudice national security; or 24
(b) endanger a person’s life or physical safety; or 25
(c) threaten significant damage to infrastructure or 26
property; or 27
(d) prejudice a criminal investigation; or 28
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(e) reveal intelligence gathering methodologies, 1
investigative techniques or technologies or 2
covert practices; or 3
(f) enable the discovery of the existence or identity 4
of a confidential source of information relevant 5
to law enforcement. 6
(2) This section applies if, during the year ending on the 7
last preceding 30 June, the chairperson decides — 8
(a) to make a supervised release order under Part 8 9
Division 2A; or 10
(b) to refuse to make a supervised release order 11
under Part 8 Division 2A; or 12
(c) to cancel a supervised release order under 13
section 142A. 14
(3) Before giving an annual report for the financial year, 15
the chairperson must notify the Commissioner of 16
Police and the Minister of the number of decisions 17
referred to in subsection (2) that are made during the 18
year ending on the last preceding 30 June (notifiable 19
information). 20
(4) The Commissioner of Police must advise the Minister 21
whether, in the Commissioner’s opinion, some or all of 22
the notifiable information is, or is likely to be, sensitive 23
information. 24
(5) If the Minister is satisfied that some or all of the 25
notifiable information is protected information or, on 26
advice given under subsection (4), is satisfied that 27
some or all of the notifiable information is sensitive 28
information, the Minister must direct the chairperson 29
to — 30
(a) exclude the information from the annual report; 31
and 32
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page 43
(b) insert a statement in the annual report to the 1
effect that the information is excluded from the 2
annual report under this section. 3
(6) The chairperson must comply with a direction given 4
under subsection (5). 5
(7) The Minister may obtain legal advice as to the matters 6
in subsection (5). 7
(8) If the Minister does not give a direction under 8
subsection (5), the Board must include the notifiable 9
information in the annual report. 10
11
39. Section 197A inserted 12
At the end of Part 10 insert: 13
14
197A. Delegation by Commissioner of Police 15
(1) The Commissioner of Police may, in writing signed by 16
the Commissioner, delegate any of the Commissioner’s 17
powers or duties under this Act to a police officer of or 18
above the rank of Commander. 19
(2) For the purposes of this Act, the exercise of a power or 20
duty by a delegate under this section is taken to be the 21
exercise of the power or duty by the Commissioner of 22
Police. 23
(3) A police officer to whom a power or duty is delegated 24
under this section cannot delegate that power or duty to 25
any other person. 26
27
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Part 3 Young Offenders Act 1994 amended
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40. Various references to “Chairman” amended 1
In the provisions listed in the Table delete “Chairman” and 2
insert: 3
4
chairperson 5
6
Table 7
s. 152(1)(a) and (5) s. 154(3)
s. 156 s. 158(1) and (2)
s. 160(2)
Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021
Criminal Procedure Act 2004 amended Part 4
s. 41
page 45
Part 4 — Criminal Procedure Act 2004 amended 1
41. Act amended 2
This Part amends the Criminal Procedure Act 2004. 3
42. Section 35 amended 4
Delete section 35(2) and insert: 5
6
(2) The operation of this section is subject to — 7
(a) any order made under section 138; and 8
(b) the Sentence Administration Act 2003 9
section 119C(2)(a); and 10
(c) the Young Offenders Act 1994 11
section 16D(2)(a). 12
13
43. Section 137A amended 14
After section 137A(a) insert: 15
16
(aa) the Sentence Administration Act 2003 17
section 119C(2)(a); and 18
(ab) the Young Offenders Act 1994 19
section 16D(2)(a); and 20
21
Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021
Part 5 Freedom of Information Act 1992 amended
s. 44
page 46
Part 5 — Freedom of Information Act 1992 amended 1
44. Act amended 2
This Part amends the Freedom of Information Act 1992. 3
45. Schedule 1 clause 5 amended 4
(1) After Schedule 1 clause 5(3) insert: 5
6
(3A) A Commissioner of Police report is exempt matter. 7
8
(2) In Schedule 1 clause 5(5) insert in alphabetical order: 9
10
Commissioner of Police report means a written report 11
referred to in — 12
(a) the Sentence Administration Act 1995 13
section 66H(1) or (4); and 14
(b) the Young Offenders Act 1994 section 150D(1) or 15
(4); 16
17
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