Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021 - Bill as passed by originating House

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Bill No.38

18 Aug 2021

Assented to - 18 May 2022

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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Contents

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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reports that may be withdrawn 23 119B.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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Contents

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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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Contents

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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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Sentence Administration Act 2003 amended Part 2

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page 3

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

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

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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Part 2 Sentence Administration Act 2003 amended

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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

(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

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

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Sentence Administration Act 2003 amended Part 2

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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

property; or 33

Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021

Part 2 Sentence Administration Act 2003 amended

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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

(2) After section 4(2B) insert: 9

(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

elsewhere). 17

5. Section 6 amended 19

In section 6(1) delete “section 87(d)” and insert: 20

section 87(1)(d) 22

6. Section 12 amended 24

In section 12(4) delete “section 66B(1),” and insert: 25

sections 66B(1) and 66G(1), 27

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Sentence Administration Act 2003 amended Part 2

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7. Section 12A amended 1

In section 12A(5) delete “section 66B(1),” and insert: 2

sections 66B(1) and 66G(1), 4

8. Section 12C inserted 6

At the beginning of Part 2 Division 4 insert: 7

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

9. Section 13 amended 16

(1) In section 13(5) delete “subsection (5A)” and insert: 17

subsections (5A) and (5B) 19

(2) After section 13(5A) insert: 21

(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

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Part 2 Sentence Administration Act 2003 amended

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10. Section 14 amended 1

(1) In section 14(5) after “in it,” insert: 2

except as provided in subsection (5A), 4

(2) After section 14(5) insert: 6

(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

11. Section 20 amended 15

In section 20(2)(aa) delete “section 66B(1); and” and insert: 16

sections 66B(1) and 66G(1); and 18

12. Section 23 amended 20

(1) In section 23(2a)(aa) delete “section 66B(1); and” and insert: 21

sections 66B(1) and 66G(1); and 23

(2) In section 23(3) delete “10 and 66B(1),” and insert: 25

10, 66B(1) and 66G(1), 27

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Sentence Administration Act 2003 amended Part 2

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13. Section 44 amended 1

In section 44(4) delete “If ” and insert: 2

Except as provided in section 67A, if 4

14. Section 48 amended 6

In section 48(1)(d) delete “Division 10,” and insert: 7

Division 10 or section 67A, 9

15. Section 52 amended 11

In section 52(2) delete “section 66B(1)” and insert: 12

sections 66B(1) and 66G(1) 14

16. Part 5 Division 1B inserted 16

After Part 5 Division 1A insert: 17

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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Part 2 Sentence Administration Act 2003 amended

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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

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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Sentence Administration Act 2003 amended Part 2

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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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Part 2 Sentence Administration Act 2003 amended

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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

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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Sentence Administration Act 2003 amended Part 2

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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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Part 2 Sentence Administration Act 2003 amended

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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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Sentence Administration Act 2003 amended Part 2

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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

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Part 2 Sentence Administration Act 2003 amended

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17. Section 67A inserted 1

At the beginning of Part 5 Division 2 insert: 2

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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Sentence Administration Act 2003 amended Part 2

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(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

18. Section 71 amended 11

(1) Delete section 71(3)(b) and insert: 12

(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

(2) After section 71(3) insert: 28

(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

19. Section 72 amended 4

In section 72(1)(b) delete “section 67,” and insert: 5

section 67 or under section 67A(2), 7

20. Section 73 amended 9

In section 73(1) delete “section 67,” and insert: 10

section 67 or under section 67A(2), 12

21. Section 108 amended 14

(1) In section 108(2) delete “An” and insert: 15

Except as provided in subsection (2A), an 17

(2) After section 108(2) insert: 19

(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

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Sentence Administration Act 2003 amended Part 2

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22. Section 112A inserted 1

After section 112 insert: 2

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

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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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

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Sentence Administration Act 2003 amended Part 2

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23. Section 115 amended 1

In section 115 delete “Parts 2” and insert: 2

Parts 1 4

24. Section 115A amended 6

Delete section 115A(4) and insert: 7

(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

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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Part 2 Sentence Administration Act 2003 amended

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consideration of a matter pursuant to a decision 1

under subsection (8). 2

25. Section 115B inserted 4

After section 115A insert: 5

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

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

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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Sentence Administration Act 2003 amended Part 2

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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

26. Sections 119A to 119C inserted 11

After section 119 insert: 12

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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Part 2 Sentence Administration Act 2003 amended

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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

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

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

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

27. Section 120A inserted 25

After section 120 insert: 26

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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Part 2 Sentence Administration Act 2003 amended

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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

28. Schedule 1 clause 5 amended 9

Before Schedule 1 clause 5(1) insert: 10

(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

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Young Offenders Act 1994 amended Part 3

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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

(1) In this Act, 7

(2) In section 3(1) insert in alphabetical order: 9

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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Part 3 Young Offenders Act 1994 amended

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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

(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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Young Offenders Act 1994 amended Part 3

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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

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

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

(3) At the end of section 3(1) insert: 22

(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

elsewhere). 30

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Young Offenders Act 1994 amended Part 3

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31. Sections 16B to 16D inserted 1

After section 16A insert: 2

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

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

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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Young Offenders Act 1994 amended Part 3

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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

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

32. Section 132 amended 17

In section 132(1) delete “If” and insert: 18

Except as provided in Division 2A, if 20

33. Section 142 amended 22

In section 142(1) delete “subsection (2),” and insert: 23

subsection (2) and section 142A, 25

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Part 3 Young Offenders Act 1994 amended

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34. Section 142A and 142B inserted 1

After section 142 insert: 2

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

(i) at the time that the supervised release 30

order in respect of the offender was 31

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Young Offenders Act 1994 amended Part 3

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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

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

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Part 3 Young Offenders Act 1994 amended

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35. Section 149 amended 1

In section 149(1) delete “section 147A(1),” and insert: 2

section 142A(2) or 147A, 4

36. Part 8 Division 2A inserted 6

After Part 8 Division 2 insert: 7

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

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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Young Offenders Act 1994 amended Part 3

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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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Part 3 Young Offenders Act 1994 amended

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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

(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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Young Offenders Act 1994 amended Part 3

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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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Part 3 Young Offenders Act 1994 amended

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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

s. 37

page 41

(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

37. Section 157 amended 7

After section 157(1) insert: 8

(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

38. Section 165A inserted 14

At the end of Part 8 Division 3 insert: 15

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

property; or 27

(d) prejudice a criminal investigation; or 28

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Part 3 Young Offenders Act 1994 amended

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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

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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Young Offenders Act 1994 amended Part 3

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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

39. Section 197A inserted 12

At the end of Part 10 insert: 13

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

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Part 3 Young Offenders Act 1994 amended

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page 44

40. Various references to “Chairman” amended 1

In the provisions listed in the Table delete “Chairman” and 2

insert: 3

chairperson 5

Table 7

s. 152(1)(a) and (5) s. 154(3)

s. 156 s. 158(1) and (2)

s. 160(2)

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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

(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

section 16D(2)(a). 12

43. Section 137A amended 14

After section 137A(a) insert: 15

(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

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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

(3A) A Commissioner of Police report is exempt matter. 7

(2) In Schedule 1 clause 5(5) insert in alphabetical order: 9

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