New South Wales Consolidated Acts

CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 5AA

5AA Relationship of Act with Terrorism (High Risk Offenders) Act 2017

(1) This Act does not limit the circumstances in which an order can be made in respect of an eligible offender under the Terrorism (High Risk Offenders) Act 2017 .

(2) In applying for a supervision or detention order under this Act or determining an application for the order--

(a) supervision under an extended supervision order made under the Terrorism (High Risk Offenders) Act 2017 may be treated for the purposes of this Act as equivalent to supervision under an extended supervision order made under this Act, and

(b) detention or custody under a continuing detention order made under the Terrorism (High Risk Offenders) Act 2017 may be treated for the purposes of this Act as equivalent to detention or custody under a continuing detention order made under this Act.

Note--: For example, a person may be treated for the purposes of this Act as being in custody or under supervision in the community if the person is being supervised or detained under an extended supervision order or continuing detention order made under the Terrorism (High Risk Offenders) Act 2017 .

(3) Accordingly, the Supreme Court may make a supervision or detention order under this Act by reference to supervision, detention or custody under an extended supervision order or continuing detention order made under the Terrorism (High Risk Offenders) Act 2017 if it could have made the order under this Act had the supervision, detention or custody been instead under an extended supervision order or continuing detention order made under this Act.

(4) Subsections (2) and (3) extend to an extended supervision order or continuing detention order made under the Terrorism (High Risk Offenders) Act 2017 before the commencement of this section.

(5) In this section--

"supervision or detention order under this Act" means any of the following orders under this Act--

(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.