Terrorism (High Risk Offenders) Act 2017 (NSW)

Terrorism (High Risk Offenders) Act 2017 No 68

An Act to provide for the supervision and detention of certain offenders posing an unacceptable risk of committing serious terrorism offences; and to make consequential and related amendments to certain legislation.

Part 1 Preliminary

Division 1.1 Introduction

1 Name of Act This Act is the Terrorism (High Risk Offenders) Act 2017.

2 Commencement (1) This Act commences on the relevant commencement day, except as provided by subsection (3). (2) The relevant commencement day is— (a) if the date of assent to this Act is before the day on which Schedule 1 to the Crimes (High Risk Offenders) Amendment Act 2017 commences—the day on which that Schedule commences, or (b) if the date of assent to this Act is on or after the day on which Schedule 1 to the Crimes (High Risk Offenders) Amendment Act 2017 commences—the date of assent. (3) Schedule 2 (other than Schedule 2.10 [2], 2.12 and 2.14) commences on a day or days to be appointed by proclamation.

3 Objects of Act (1) The primary object of this Act is to provide for the extended supervision and continuing detention of certain offenders posing an unacceptable risk of committing serious terrorism offences so as to ensure the safety and protection of the community. (2) Another object of this Act is to encourage these offenders to undertake rehabilitation.

Division 1.2 Interpretation generally

4 Definitions (1) In this Act— aggregate sentence of imprisonment has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. Australian jurisdiction means— (a) a State, or (b) a Territory, or (c) the Commonwealth. business day means any day that is not a Saturday, Sunday or public holiday. Commissioner of Corrective Services has the same meaning as Commissioner has in the Crimes (Administration of Sentences) Act 1999. Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth. continuing detention order means an order for the detention of an eligible offender made under Division 3.2. control order means a control order within the meaning of Part 5.3 of the Commonwealth Criminal Code. convicted NSW terrorism activity offender—see section 10. convicted NSW terrorist offender—see section 8. convicted NSW underlying terrorism offender—see section 9. correctional centre has the same meaning as in the Crimes (Administration of Sentences) Act 1999. Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999. corrective services officer means a correctional officer or community corrections officer within the meaning of the Crimes (Administration of Sentences) Act 1999. cumulative sentence of imprisonment means 2 or more sentences of imprisonment in which each sentence of imprisonment is served concurrently or consecutively, or partly concurrently and partly consecutively, with 1 or more of the other sentences of imprisonment. eligible offender—see section 7. eligible offender in lawful custody—see section 5. emergency detention order means an emergency order for the detention of an eligible offender made under Division 3.6. enforcement officer means— (a) a corrective services officer, or (b) a police officer. extended supervision order means an order for the supervision of an eligible offender made under Division 2.2. function includes a power, authority or duty, and exercise a function includes perform a duty. HRO Assessment Committee means the High Risk Offenders Assessment Committee established by section 24AB of the Crimes (High Risk Offenders) Act 2006. interim detention order means an interim order for the detention of an eligible offender made under Division 3.5. interim supervision order means an interim order for the supervision of an eligible offender made under Division 2.5. Justice Health and Forensic Mental Health Network means the statutory health corporation of that name specified in Schedule 2 to the Health Services Act 1997. NSW indictable offence means an offence against a law of the State for which proceedings may be taken on indictment (whether or not proceedings for the offence may also be taken otherwise than on indictment). order under Part 2 or 3 means any of the following orders— (a) an extended supervision order, (b) an interim supervision order, (c) a continuing detention order, (d) an interim detention order, (e) an emergency detention order. prescribed terrorism intelligence authority means any authority or other agency (or authority or other agency of a kind) of an Australian jurisdiction that is prescribed by the regulations. qualified psychiatrist means a registered medical practitioner who is a fellow of the Royal Australian and New Zealand College of Psychiatrists. relevant expert means a person who has expertise in relation to a body of knowledge of a kind prescribed by the regulations. sentence of imprisonment for a NSW indictable offence—see section 6A. sentencing court, in relation to an eligible offender or other person who has served or is serving a sentence of imprisonment for an offence, means— (a) the court by which the sentence was imposed, and (b) any court that heard an appeal in respect of that sentence. serious terrorism offence means an offence against Part 5.3 of the Commonwealth Criminal Code for which the maximum penalty is 7 or more years of imprisonment. serving a sentence of imprisonment—see section 6. supporting documentation, in relation to proceedings under Part 2 or 3, means the documentation referred to in section 23 (3) or 37 (4), as the case requires. terrorism activity means— (a) any statement or other conduct of any person or group of persons involving advocating support for engaging in any terrorist acts or violent extremism, or (b) any conduct or other activity of any person or group of persons involving planning or preparing for, or engaging in, any terrorist acts or violent extremism. terrorism intelligence means information relating to actual or suspected terrorism activity (whether in the State or elsewhere) the disclosure of which could reasonably be expected— (a) to adversely affect the capacity of persons or bodies involved in the prevention of terrorist acts from preventing such acts or the capacity of intelligence agencies (for example, the Australian Security Intelligence Organisation) to carry out their functions, or (b) to prejudice criminal investigations or investigations by intelligence agencies, or (c) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or the functions of intelligence agencies, or (d) to endanger a person's life or physical safety. terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code.