New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 7A

7A Designation of national security interest detainees

(1) The Secretary may designate a detainee as a national security interest detainee if the Secretary is satisfied that--

(a) the detainee--

(i) has, at any time, been charged with or convicted of a terrorism offence, or

(ii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code, or

(iii) has any associations with a terrorist organisation, or

(iv) is making or has previously made any statement (or is carrying out or has previously carried out any activity) advocating support for any terrorist act or violent extremism, or

(v) has or previously had any personal or business association or other affiliation with any person, group of persons or organisation that is or was advocating support for any terrorist act or violent extremism, and

(b) there is a risk that the detainee may engage in, or incite other persons to engage in, activities that constitute a serious threat to the peace, order or good government of the State or any other place.

(1A) Without limiting subclause (1) (a) (iv) and (v)--

(a) advocating support for a terrorist act or violent extremism includes (but is not limited to) any of the following--

(i) making a pledge of loyalty to a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,

(ii) using or displaying images or symbols associated with a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,

(iii) making a threat of violence of a kind that is promoted by a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism, and

(b) an association or other affiliation with a person, group of persons or organisation includes (but is not limited to) any of the following--

(i) networking or communicating with the person, group of persons or organisation,

(ii) using social media sites or any other websites to communicate with the person, group of persons or organisation.

(2) The Secretary may at any time revoke the designation of a detainee as a national security interest detainee.

(3) The Secretary may refer a matter relating to the designation of a detainee as a national security interest detainee to the Review Panel.

(4) In this clause--

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"terrorism offence" means a terrorism offence within the meaning of the Crimes Act 1914 of the Commonwealth or an offence under section 310J of the Crimes Act 1900 .

"terrorist act" has the same meaning as it has in Part 5.3 of the Commonwealth Criminal Code.

"terrorist organisation" has the same meaning as it has in Division 102 of Part 5.3 of the Commonwealth Criminal Code.