Terrorism (High Risk Offenders) Regulation 2024 (2024-387) (NSW)

Terrorism (High Risk Offenders) Regulation 2024

Part 1 Preliminary

1 Name of regulation This regulation is the Terrorism (High Risk Offenders) Regulation 2024.

2 Commencement This regulation commences on the day on which it is published on the NSW legislation website.

Note— This regulation repeals and replaces the Terrorism (High Risk Offenders) Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions The dictionary in Schedule 1 defines words used in this regulation.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Information about eligible offenders—the Act, s 58(1)

4 Prescribed circumstances (1) For the Act, section 58(1), the prescribed circumstances are that the Attorney General is satisfied— (a) the person on whom the order is served is a compellable person, and (b) the information is required for use in— (i) determining whether or not to make an application for a declaration under the Act, section 12, or an order under the Act, Part 2 or 3, or (ii) proceedings under the Act, and (c) if the person is not a public authority or a public official—the eligible offender could pose an unacceptable risk of committing a future serious terrorism offence. (2) In this section— compellable person— (a) means a person specified in Schedule 2, but (b) does not include another Australian jurisdiction or a person exercising functions for or on behalf of another Australian jurisdiction.

5 Prescribed offender information For the Act, section 58(1), offender information is of a prescribed kind if the information— (a) consists of a pre-existing document, and (b) is of a kind specified in Schedule 3.