South Australian Numbered Acts South Australian Numbered ActsAfter section 41B insert:
41BA—Suspension of conditional release if youth is or becomes a terror suspect
(1) If a youth becomes a terror suspect while released subject to conditions under this Division or a terror suspect is, while released subject to conditions under this Division, the subject of a certificate issued by the Commissioner of Police under subsection (9)
—
(a) the designated member must, on becoming aware of that fact, issue a warrant for the arrest of the youth; and
(b) on the warrant being so issued, the youth's entitlement to conditional release from detention is suspended until a determination is made under this section.
(2) A warrant issued under this section authorises the detention of the youth in custody pending the making of a determination under this section.
(3) The designated member must, as soon as practicable, determine whether there are special circumstances justifying the youth's continued release from detention.
(4) A terrorism intelligence authority is entitled to be heard by the designated member in relation to the making of a determination under this section.
(5) The designated member is not required to provide to the youth 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 designated member determines that there are special circumstances justifying the youth's continued release from detention, the suspension under this section is lifted and, on release from custody under this section, the youth will continue to be released subject to the conditions for the balance of the unexpired period of the detention order.
(8) If the designated member determines that there are not special circumstances justifying the youth's continued release from detention, the youth—
(a) must be returned to detention under the original order; and
(b) is liable to serve the balance of the sentence unexpired as at the date on which the youth was taken back into custody under this section; and
(c) will be taken to have been serving that balance of sentence during any period spent in custody pending the making of a determination by the designated member 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 has been released from detention subject to conditions under this Division certifying that the Commissioner is satisfied that significant new information has come to light in relation to the youth that should be considered by the designated member.
(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.