New South Wales Repealed Acts

This legislation has been repealed.

TERRORISM LEGISLATION AMENDMENT (POLICE POWERS AND PAROLE) ACT 2017 - SCHEDULE 2

SCHEDULE 2 – Amendment of Crimes (Administration of Sentences) Act 1999 No 93

Part 6 Parole

Insert after Division 3:

Division 3A - Parole orders for terrorism related offenders

159A Definitions

(1) In this Division:

"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 .

"terrorism related offender" means an offender to whom this Division applies.

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

(2) A reference in this Division to an offender engaging in, or inciting or assisting others to engage in, terrorist acts or violent extremism includes a reference to an offender doing so in this State, in any other part of Australia or in any other country.

159B Offenders to whom Division applies This Division applies to an offender:

(a) who is serving a sentence for a terrorism offence, who has previously been convicted of a terrorism offence or who has been charged with a terrorism offence, or

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

(c) who has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code), or

(d) who has made statements or carried out activities advocating support for terrorist acts or violent extremism, or

(e) who has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism.

159C Limitation on release on parole of terrorism related offenders

(1) The Parole Authority must not make a parole order directing the release of an offender who is known to the Parole Authority to be a terrorism related offender unless:

(a) the Parole Authority is satisfied that the offender will not engage in, or incite or assist others to engage in, terrorist acts or violent extremism, and

(b) the offender is otherwise eligible under this Act to be released on parole.

(2) The grounds on which the Parole Authority may revoke the parole order of an offender who is known to the Parole Authority to be a terrorism related offender include that the Parole Authority has become aware that the offender may engage in, or incite or assist others to engage in, terrorist acts or violent extremism.

(3) The grounds on which a judicial member of the Parole Authority may suspend the parole order of an offender who is known to the judicial member to be a terrorism related offender include that the judicial member has become aware that the offender may engage in, or incite or assist others to engage in, terrorist acts or violent extremism.

(4) A court may decline to make a parole order under section 50 of the Crimes (Sentencing Procedure) Act 1999 if the offender is known to the court as a terrorism related offender. Any such parole order may be revoked by the Parole Authority in accordance with this section at any time before or after the release of the offender on parole.

159D General provisions relating to terrorism related offenders

(1) In deciding whether or not to release a terrorism related offender on parole, the Parole Authority is to:

(a) have regard to any credible information it has on the risk that the offender may engage in, or incite or assist others to engage in, terrorist acts or violent extremism under the terms of the proposed parole order and in the future, and

(b) have regard in particular to whether the nature of any associations or affiliation that the offender has with any persons or groups advocating support for terrorist acts or violent extremism gives rise to any such risk.

(2) The Parole Authority or a judicial member of the Parole Authority may, for the purposes of this Division, have regard to advice received from the NSW Police Force or from any other public authority (whether of this or any other State or Territory or of the Commonwealth) established for law enforcement, security or anti-terrorist purposes.

(3) This Division applies in addition to, and despite anything to the contrary in, any other provision of or made under this Act.

(4) However, this Division does not limit the operation of section 160.

(5) This Division extends to applications for parole orders pending on the commencement of this Division and to parole orders made before that commencement.