South Australian Numbered Acts South Australian Numbered ActsAfter section 77 insert:
77AA—Special procedures for terror suspects
(1) Despite any other provision of this Division, a decision of the Board relating to a terror suspect is of no effect unless it is confirmed by the presiding member of the Board in accordance with this section.
(2) The presiding member of the Board must, before confirming a decision relating to a terror suspect, invite a terrorism intelligence authority to make submissions to the presiding member in relation to the proposed decision.
(3) The presiding member of the Board—
(a) must not confirm a decision of the Board to release a prisoner who is a terror suspect on parole unless the presiding member determines that there are special circumstances justifying the prisoner's release on parole; and
(b) must not confirm any other decision of the Board relating to a terror suspect unless the presiding member is satisfied that the decision is appropriate in all the circumstances.
(4) The presiding member of the Board may determine to—
(a) confirm a decision of the Board (in which case the decision of the Board is taken to have effect immediately); or
(b) reject a decision of the Board and substitute the presiding member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or
(c) refer the matter back to the Board for a further decision with any recommendations the presiding member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance).
(5) The presiding member of the Board is not required to provide to the prisoner 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).