South Australian Numbered Acts South Australian Numbered ActsAfter section 74A insert:
74B—Suspension of parole if person becomes a terror suspect
(1) If a person becomes a terror suspect while on parole or a terror suspect is, while on parole, the subject of a certificate issued by the Commissioner of Police under subsection (9)
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(a) the presiding member of the Board must, on becoming aware of that fact, issue a warrant for the arrest of the person; and
(b) on the warrant being so issued, the person's parole is suspended until a determination is made under this section.
(2) A warrant issued under this section authorises the detention of the person in custody pending the making of a determination under this section.
(3) The presiding member of the Board must, as soon as practicable, determine whether there are special circumstances justifying the person's continued release on parole.
(4) A terrorism intelligence authority is entitled to be heard by the presiding member of the Board in relation to the making of a determination under this section.
(5) The presiding member of the Board is not required to provide to the person any grounds or reasons for a determination under this section.
(6) Information forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney-General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998
(whether or not the information was so classified at the time at which the determination under this section was made).
(7) If the presiding member of the Board determines that there are special circumstances justifying the person's continued release on parole, the suspension under this section is lifted and, on release from custody under this section, the person will continue on parole for the balance of the period of parole remaining as at the date on which the parole was suspended under this section.
(8) If the presiding member of the Board determines that there are not special circumstances justifying the person's continued release on parole, the person's parole is cancelled and the person is liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the parole was suspended under this section.
(9) The Commissioner of Police may issue a certificate for the purposes of this section in relation to a terror suspect who is on parole certifying that the Commissioner is satisfied that significant new information has come to light in relation to the person that should be considered by the presiding member of the Board.
(10) In any proceedings, a document that appears to be a certificate issued by the Commissioner of Police under this section may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.