South Australian Numbered Acts

STATUTES AMENDMENT (TERROR SUSPECT DETENTION) ACT 2017 (NO 69 OF 2017) - SECT 20

20—Insertion of section 5A

After section 5 insert:

5A—Meaning of terror suspect

        (1)         Subject to this section, a person is a "terror suspect" for the purposes of this Act if the person—

            (a)         is, or has previously been, charged with a terrorist offence; or

            (b)         has ever been convicted of a terrorist offence; or

            (c)         is the subject of a terrorism notification; or

            (d)         is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.

        (2)         For the purposes of subsection (1)(a)

, a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court.

        (3)         A person is not a terror suspect for the purposes of this Act if the person is a terrorist offender within the meaning of subsection 105A.3(1) of the Commonwealth Criminal Code.