New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 16

16 Relationship of Act with Crimes (High Risk Offenders) Act 2006

(1) This Act does not limit the circumstances in which an order can be made in respect of an eligible offender under the Crimes (High Risk Offenders) Act 2006 .

(2) In applying for an order under Part 2 or 3 or determining an application for the order--

(a) supervision under an extended supervision order made under the Crimes (High Risk Offenders) Act 2006 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 Crimes (High Risk Offenders) Act 2006 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 sections 7, 8, 9 and 10 as continuing to be supervised or detained under this Act after serving an offence if the person is being supervised or detained under an extended supervision order or continuing detention order made under the Crimes (High Risk Offenders) Act 2006 .

(3) Accordingly, the Supreme Court may make an order under Part 2 or 3 by reference to supervision, detention or custody under an extended supervision order or continuing detention order made under the Crimes (High Risk Offenders) Act 2006 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 Crimes (High Risk Offenders) Act 2006 before the commencement of those subsections.